HomeMy WebLinkAbout4/4/1979WEDNESDAY, APRIL 4, 1979
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO•BEACH, FLORIDA,
ON WEDNESDAY, APRIL 4, 1979, AT 8:35 O'CLOCK A.M. PRESENT WERE
WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD
W. SIEBERT, JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE
NEIL NELSON, ASSISTANT COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS,
INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE
BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; AND
VIRGINIA HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS. JACK G.
JENNINGS, COUNTY ADMINISTRATOR, WAS ABSENT DUE TO HIS BEING ON VACATION.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
CHAIRMAN WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND
REVEREND CHARLES BOGGS, CHRIST UNITED METHODIST BY -THE -SEA, GAVE THE
INVOCATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF MARCH 21, 1979.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
i
SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR
MEETING'OF MARCH 21, 1979 AS WRITTEN.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT
TO CARRY A CONCEALED FIREARM FOR THE FOLLOWING:
GERALD L. STEELE JAMES P. MAIN
WILLIAM T. ASBURY GARY HUDMON
GEORGE THOMAS EDWIN S. SCHMUCKER
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH
WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, ,AGRICULTURAL
SPECIALIST, AS FOLLOWS:
Bou 39 PAGE 355
APR 4 1979
JUDITH WAKEFIELD:
APRIL 4
FT. PIERCE
AREA STAFF MEETING
APRIL 16
ORLANDO
AREA 4-H HORSE SHOW PLANNING MEETING
MAY 1
FT. PIERCE
AREA STAFF MEETING
MAY 4-5
ASTOR PARK
DISTRICT 4-H SENIOR EVENTS
PETE SPYKE:
APRIL 4
FT. PIERCE
FOUR -COUNTY STAFF CONFERENCE WITH
DR. CALLOWAY
APRIL 12
FT. PIERCE
FLOOD IRRIGATION SEMINAR IN ST. LUCIE
COUNTY AG. CENTER
ON MOTION
BY COMMISSIONER
DEESON, SECONDED BY COMMISSIONER
Loy, THE
BOARD UNANIMOUSLY
APPROVED
STATE WITNESS PAY ROLLS, COUNTY
COURT, FEB. - MARCH
TERM, 1979,
IN THE AMOUNT OF $129.84 AND MARCH TERM,
1979, IN
THE AMOUNT
OF $45.18.
ON MOTION
BY COMMISSIONER
Loy, SECONDED BY COMMISSIONER
SIEBERT,
THE BOARD
UNANIMOUSLY
ADOPTED RESOLUTION N0. 79-34 HONORING
ROSEMARY
RICHEY, SUPERVISOR
OF
ELECTIONS, FOR HER SERVICE TO THE COUNTY
OVER THE
LAST 25 YEARS. •
APR 4 1979
2
BOOK 39 FaGE 356
•
M.
of`
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA _
RESOLUTION NO. 79-34
WHEREAS, ROSEMARY RICHEY began working in the Indian '
River County Elections office in 1950; and
WiIEREAS, ROSEMARY RICHEY was appointed Supervisor of
Elections on March 10, 1954 by Cove'rnor Charlie Johns under the
Administration of President Dwight D. Eisenhower; and
WHEREAS, ROSEMARY RICHEY was elected Supervisor of Ol
Elections in November of 1956, has been successful in her bid for,
re-election for five consecutive four-year terms; and will come
up for re-election again in November of 1980; and
WHEREAS, during ROSEMARY RICHEY'S tenure as Supervisor
of Elections, the number of registered voters has increased Irom
5,000 to 25,000, with from 200 to 300 new voters registerint; rash
month; and �-
s
WHEREAS, the Board of County Commissioners of Indian
River County, Florida takes this opportunity to honor one of its
distinguished citizens while she remains in office and continues
to serve our County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board, on
behalf of itself and its citizenry, honors ROSEMARY RICHEY for
her twenty-five years of dedicated service as Supervisor of
Elections; and
BE IT FURTHER RESOLVED that the Board wishes ROSEMARY :�D
RICHEY continued success in her chosen field of endeavor.
Said Resolution shall become effective as of the 4th
day of April , 1979.
n
Chairman,County Commissioners
Boa 39 PAGE 357
J
EDWIN S. SCHMUCKER, ENGINEER, REPRESENTING RONALD MITCHELL,
OWNER OF MITCHELL ESTATES, APPEARED BEFORE THE BOARD REQUESTING A ONE
YEAR EXTENSION OF THE PRELIMINARY PLAT APPROVAL. HE STATED THAT THE
REASON THE EXTENSION IS NEEDED IS DUE TO THE TIME ELEMENT INVOLVED IN
OBTAINING VARIOUS APPROVALS, MR. SCHMUCKER REPORTED THEY ARE NOW'IN
THE PROCESS OF DRILLING THE MAIN WELL FOR THIS PROJECT)AND THIS AREA IS
TO BE BUILT IN PHASES - IO OR 15 ACRES WILL BE INVOLVED IN THE FIRST
PHASE.
ATTORNEY COLLINS EXPRESSED CONCERN AS TO WHETHER OR NOT THERE
HAVE BEEN ANY CHANGES IN THE SUBDIVISION REGULATIONS THAT WOULD HAVE
TO BE COMPLIED WITH IF THE EXTENSION WERE GRANTED.
COMMISSIONER SIEBERT DID NOT FEEL THERE WAS ANY PROBLEM WITH
THIS. HE NOTED THIS WAS THE FIRST EXTENSION REQUEST FOR MITCHELL
ESTATES.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY GRANTED EXTENSION OF THE PRELIMINARY g
PLAT APPROVAL FOR ONE YEAR TO MITCHELL ESTATES.
INTERGOVERNMENTAL COORDINATOR THOMAS APPROACHED THE BOARD
REQUESTING AUTHORIZATION TO BORROW $102,500.FOR FARMERS HOME ADMINIS-
TRATION I.NTERIM FINANCING FOR THE GIFFORD WATER SYSTEM.
ATTORNEY COLLINS COMMENTED THAT THE BOARD WILL NEED SPECIFIC
DETAILS REGARDING THE AMOUNT OF FUNDS NEEDED.
' INTERGOVERNMENTAL COORDINATOR THOMAS EXPLAINED THAT HE WOULD
WANT ONE NOTE FOR $50,000 AND THE OTHER FOR $52,500 TO BE DATED AND
EXECUTED BY THE CHAIRMAN WHEN THE FUNDS ARE NEEDED, HE CONTINUED THAT
HE DID NOT WANT TO BORROW ANY MORE THAN NECESSARY, AND THIS AMOUNT WILL
FINISH THE INTERIM FINANCING ON THE GIFFORD WATER SYSTEM. COORDINATOR f �'
I
THOMAS STATED -THAT HE WANTED TWO NOTES SO THE COUNTY WOULD NOT BE PAYING I;
.`� INTEREST ON THE FULL AMOUNT. HE CONCLUDED BY AFFIRMING THAT HE WILL
NEED THE FIRST NOTE IN THE NEXT FEW DAYS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-35 TO AUTHORIZE THE
BORROWING OF THE BALANCE OF THE LOAN OF PHASE ONE IN SUCH DENOMINATIONS
AS DETERMINED APPROPRIATE BY THE FINANCE OFFICER; AUTHORIZED HIM TO
OBTAIN THE MONEY AT THE MOST ADVANTAGEOUS RATE TO THE COUNTY; AND
AUTHORIZED THE CHAIRMAN'S SIGNATURE, THESE WILL BE MADE A PART OF THE
MINUTES WHEN RECEIVED.
4
Boor, 39 PacE 358
APR 4 1979
L_J
INTERGOVERNMENTAL COORDINATOR THOMAS NEXT ASKED THE BOARD'S
APPROVAL TO ADVERTISE FOR BIDS ON COUNTY PROPERTY DESCRIBED AS LOT 56,
DIXIE GARDENS SUBDIVISION, UNIT 2. HE EXPLAINED THAT THERE IS NO
CURRENT APPRAISAL VALUE,BUT THE ASSESSED VALUE IS AROUND $2,700.
ON MOTION"MADE BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDINATOR
TO ADVERTISE FOR BIDS ON LOT 56, DIXIE GARDENS SUBDIVISION, UNIT 2,AND
AUTHORIZED AN APPRAISAL OF THE PROPERTY.
ZONING DIRECTOR DEWEY WALKER APPROACHED THE BOARD FOR A
RELEASE OF EASEMENTS IN OSLO PARK, AS REQUESTED BY ROBERT .JAMES SCOTT.
HE CONTINUED THAT HE HAS A DEED SHOWING THAT MR. SCOTT IS THE OWNER OF
THE PROPERTY AND POINTED OUT THE LOCATION OF THE SUBJECT PROPERTY ON A
SECTION MAP FOR THE BOARD, ZONING DIRECTOR WALKER STATED THERE IS NO
PROBLEM AS LONG AS THE BACK LOT LINE IS NOT DISTURBED. ON EACH LOT
THERE IS A 2332' EASEMENT ON EACH SIDE LOT LINE. HE CONTINUED THAT THIS IS
R-1 ZONING, AND THE OWNER WANTS TO BUILD A RESIDENCE OVER THE CENTER
LINE,
COMMISSIONER LYONS ASKED WHAT THESE EASEMENTS ARE USED FOR,
AND ZONING DIRECTOR WALKER RESPONDED THEY WERE FOR DRAINAGE AND
UTILITIES.
COMMISSIONER LYONS QUESTIONED WHETHER OR NOT THE POWER COMPANY
HAS THE AUTHORITY TO SAY YES OR NO ON THESE EASEMENTS.
ZONING DIRECTOR WALKER REPLIED THAT IT WAS JUST ON THE REAR
LOT LINES AS THE POWER COMPANY'S LINES RUN EAST AND WEST.
CHAIRMAN WODTKE ASKED ABOUT UNDERGROUND CULVERTS, AND A
DISCUSSION FOLLOWED REGARDING THIS SUBJECT.
COMMISSIONER Loy INTERJECTED THAT NORMALLY THE UNDERGROUND
CULVERTS.ARF_ USED FOR UTILITIES. SHE CONTINUED THAT SINCE THIS SUB-
DIVISION WAS PUT ON RECORD A LONG TIME AGO, THE EASEMENTS ARE NOW NOT
NECESSARY FOR THE PURPOSES FOR WHICH THEY WERE ORIGINALLY SET ASIDE.
ON MOTION BY COMMISSIONER LOY,•SECONDED BY COMMISSIONER LYONS,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-36 APPROVING RELEASE OF
EASEMENTS FOR THE SOUTH 2.5 FEET OF LOT 17, BLOCK K AND THE NORTH 2.5
FEET OF LOT ZS; BLOCK K, ALL OF OSLO PARK, AS REQUESTED BY OWNER ROBERT
.TAMES SCOTT, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; DOCUMENTS TO
BE PREPARED AT THE EXPENSE OF THE APPLICANT.
BOOK 39 pAcE 359
I
1
M
RFASOIUPim NO. 79-36
NBERMS, there is a drainage and utility easement on each side
of the side lot lines of Oslo Park, as filed in Plat Book 3, Page 96,
Indian River County, Florida, records; and
WMMAS, Robert James Scott, is the owner of Lots 17 and 18, Block K,
Oslo Park, hereinbefore described; and
SAS, said property has been recently purchased for the erection
of a building' on said lots, which said building will lie over the side
lot line easement on the South side of Lot 17, Block K and the North
side of Lot 18, Block K; and
WAS, the said Owner can not erect building unless and until
such side lot line easements are released by the County Commission
of Indian River County, Florida;
NON, TfRUM, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida, as follows:
1. The Board does hereby release the 2.5 foot side lot line easement
over the South 2.5 feet of Ivt 17, Block K and the North 2.5 feet of Lot 18,
Block K of said Oslo Park, but it is specifically understood that the
side lot line easement on the North side lot line of Lot 17 and South side
of lot 18 and the rear lot line easement will remain in full force and effect.
2, That the Chairman of the Board of County (•.onmissioners be authoriv.,ed
to sign a Release of Easement as above set out, and to have said Release
recorded in the Public Records of Indian River County, Florida.
Dated this day of 1979.
Signed, sealed and delivered BOARD OF CXKi M M M RSIMRR
OF INDIAN RIVER CXXINN, FLORIDA
in the presence of:
Le 4.f
William C. Wodtke, Jr., . irman
ATTEST: FRFDDA WR.IGHT
(IMK or ME C'IR(T!7 M1,1T
By
BOOK 39 PAGE 360
APR 4 ' 1979
1
0
STATE OF FLORIDA
COMY OF INDIAN RIVER
I HMW CERTIFY that on this day, before me, an officer
duly authorized in the State of County aforesaid to take acknowledgments,
personally appeared WILLIAM C. , JR., as Chain= of the Board
of County Cannissioners of Indian River County, State of Florida, and
acknowledged before me executing the above and foregoing instrmmt,
in the presence of two subscribing witnesses, freely and voluntarily,
under the authority suly vested in ham by Law, and that the Seal of the
said Board of County Commissioners of Indian River County, State of
Florida, affixed thereto is the true seal of the foregoing.
WITNESS my hand and official seal in said State and County
this day of 1979.
APR 4 1979
A0A-d%,o;imA lfle'4�6" U94 -V-4
tart' Vhblic, State of F ida
at Large
My Carmission Expires:
ll k; ., rib. •IC ...@. ifs
BOOK 39 PAGE 361
U
THIS RELEASE CF EASEMENT, made and executed this day of
1979, between IRIDIAN RIVER CTJUNPY, FLORInA, party of the first
part, and 1 JAMES SCOTT, party of the second part;
W111MME'11t:
Ebr and.in.consideration of the sum of TEN AND N10/100 (910.00)
DOU ARS and other good and valuable considerations, in hand paid by
the party of the second part, the receipt whereof being hereby.
acknowledged, the said party of the first part does herewith release,
discharge and quit claim unto the said parties of the second part,
their heirs, legal representatives, and assigns, forever, the easements
in favor of the party of the first part on real property situated in
Indian River County, Florida, which said easements are as follows:
The South 2.5 feet of Lot 17;
The North 2,5 feet of Lot 18;
All on Block B, Oslo Park, according to the
Plat thereof, as *recorded in Plat Book 3, Page 96
of the Public Records of Indian River County, Florida.
IN WITNESS WMOF, the party of the first part, by virtue of
the authority vested by law in the Board of County Commissioners, and
for and on behalf of the County of Indian River , State of Florida, have
caused these presents to be executed in its name by its Chairman and
its seal to be affixed, attested by its Clerk of the Circuit Court.
Signed, sealed and delivered
in the presence of- BOARD OF COUNTY CO imisSIams
CP INDIAN RIVER OMM, FLORIDA
By
William C. Wodtke, Jr., Chairman
ATTEST:
FRFAA WRIGHr, Clerk of the Circuit Court
BOOK 39 PAGE x,362
-A
STATE CF FIARIDA
Q7IwN CF IRIDIAN RIM
I BERmy CERTIFY that on this day, before me, an officer
duly authorized in the State of County aforesaid to take aclmowledgments,
personally appeared WILLIAM C. WWME, JR., as Chairman of the Board
of County Commissioners of Indian River. County, State of Florida, and
admowledged before me executing the above and foregoing
instrument, in the presence of two subscribing witnesses, freely and
voluntarily, under the authority duly vested in him by Law, and that
the Seal of the said Board. of County C=nissioners of Indian River
County, State of Florida, affixed thereto is the true seal of the
foregoing.
1PITNi�S my hand and official seal in said State and County
this A(A day of � ; 1979.
lic, Stat. of F1 da
at Large
My Commission Expires:
' �+4 yp n.r,+,. , . c•.. d, cru ;, ..,
y t
APR 4 1979 Boa 39 PAcE363
N
ZONING DIRECTOR WALKER NEXT DISCUSSED A RELEASE OF EASEMENTS
IN INDIAN RIVER HEIGHTS, AS REQUESTED BY CHARLES AND LAURA STEMBERG,
HE CONTINUED THAT THIS IS DIFFERENT FROM THE AVERAGE REQUEST. HE
QUOTED MR. .JENNINGS AS SAYING THAT HE WOULD NOT LIKE TO SEE -THIS ABAN-
DONED BECAUSE THE OVERALL DRAINAGE -WOULD CAUSE A HARDSHIP. ZONING
DIRECTOR WALKER STATED THAT VERY SELDOM WILL HE SPEAK AGAINST AN ABANDON-
MENT, BUT HIS DEPARTMENT DOES NOT BELIEVE THAT THE EASEMENT PLAYS A
HARDSHIP ON THE USE OF THE STEMBERGIS POOL., HE CONTINUED ON THAT THE
STEMBERGS HAVE REQUESTED 4' TO BE ABLE TO FULLY UTILIZE THE POOL. THE
ZONING DIRECTOR THEN DISTRIBUTED PHOTOGRAPHS TAKEN OF THE HOUSE AND
POOL,AND IT WAS NOTED THAT THE ROOF HAS AN ILLEGAL OVERHANG OF 2'. HE FURTHER
STATED THAT THE STEMBERGS DO HAVE A FENCE PERMIT FOR THE PROPER SETBACKS,
BUT NOW ARE ASKING FOR 4' TO BE ABLE TO SET IT BACK FURTHER.
COMMISSIONER.LOY REAFFIRMED THAT THE STEMBERGS' REQUEST WAS
FOR 4' OF THE 12' EASEMENT. SHE ALSO NOTED THAT THERE ARE 24' BETWEEN
THE STEMBERG'S HOUSE AND THE HOUSE NEXT DOOR.
ZONING DIRECTOR WALKER REPORTED IT WAS THE DRAINAGE EASEMENT
AND SOME DAY MAY BE USED FOR SEWER PIPE INSTALLATION.
COMMISSIONER LYONS, IN LOOKING AT THE PHOTOGRAPHS, ASKED IF
THE ZONING DEPARTMENT FELT THE STEMBERGS NEEDED -ADDITIONAL SPACE, AND
THE ZONING DIRECTOR REPLIED NEGATIVELY, .
COMMISSIONER LOY ASKED IF THERE HAVE BEEN ANY OTHER REQUESTS
MADE FROM THIS AREA, AND ZONING DIRECTOR WALKER ADVISED THE BOARD THERE
HAVE NOT BEEN ANY.
ZONING DIRECTOR WALKER WENT ON TO EXPLAIN THAT INDIAN RIVER
HEIGHTS IS THE FASTEST GROWING SUBDIVISION THE COUNTY HAS EVER HAD AND
THERE ARE VERY FEW LOTS REMAINING IN THIS SUBDIVISION, WHICH HAS SEVEN
OTHER PLATS OF RECORD.
-,� DISCUSSION ENSUED REGARDING THE RESTRICTIONS' ON THE DEEDS,
AND COMMISSIONER DEESON NOTED THAT SOME PEOPLE DO NOT REALIZE WHAT THEIR
RESTRICTIONS ARE,BUT THEIR CONTRACTORS SHOULD CERTAINLY ADVISE THE
OWNERS OF THEM',
mg
10
BOOK 39 PAGE 364
I JI
7
ZONING DIRECTOR WALKER MENTIONED THAT FROM THE WALKWAY AROUND
THE POOL, THERE IS 12'8" TO PUT IN THE FENCE, AND THE DIVING BOARD WILL
GO ON TOP OF THE WALKWAY.
COMMISSIONER Loy STATED THAT SHE SYMPATHIZES WITH THE ZONING
DIRECTORIBUT FELT THAT 4' WASN'T GOING TO HURT ANYBODY.
COMMISSIONER SIEBERT RAISED THE QUESTION THAT MAYBE THE OTHER
PROPERTY OWNER WOULD WANT A 4' EASEMENT; THE COUNTY WOULD THEN BE LEFT
WITH AN 18' EASEMENT. HE ASKED IF WE DO NEED A 24' EASEMENT.
ZONING DIRECTOR WALKER STATED THATTHE COUNTY DID NOT NEED
24'�BUT IT WOULD GIVE MORE ROOM IN WHICH TO WORK IF A DITCH HAD TO BE
DUG. HE MENTIONED THAT AT TIMES, THE COUNTY MUST WORK WITH AS LITTLE
AS A IO' OR A 5' EASEMENT. HE CONTINUED THAT THE ONLY PROBLEM THE COUNTY
MIGHT HAVE IS THAT THE DRAINAGE WOULD HAVE TO GO TO THE NORTHERN END
OF THE BLOCK AND COME BACK AROUND THROUGH THE CENTER BACK EASEMENT LINE.
CHAIRMAN WODTKE STATED THAT THE ROOF OF THE HOUSE DOES HANG
OVER, AND IT IS A VIOLATION.
COMMISSIONER LYONS NOTED THAT THE OTHER PEOPLE IN THE SUB-
DIVISION SEEM TO BE LIVING NICELY WITH THEIR PROPERTY LINE, AND COULD
NOT UNDERSTAND WHY THE COUNTY SHOULD GIVE ADDITIONAL SPACE TO THE
STEMBERGS.
CHAIRMAN WODTKE REMEMBERED A FORMER PROBLEM THE COUNTY. HAD
WHERE A POOL ACTUALLY HAD TO BE RELOCATED. HE STATED THAT SINCE THE
OVERHANG ON THE ROOF IS 2', IF WE GIVE THE $TEMBERGS ANYTHING, WE SHOULD
GIVE THEM ENOUGH IN ORDER TO CLEAR UP A PROBLEM THAT MIGHT OCCUR WITH
A TITLE SITUATION REGARDING THE OVERHANG OF THE ROOF -2' INTO THE EASE-
MENT SETBACKS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-37, SETTING
FORTH THAT THE BOARD WOULD BE WILLING TO RELEASE THE SOUTH 2' OF THE
NORTH SIDE OF THE LOT LINE OF LOT 7, BLOCK H, INDIAN RIVER HEIGHTS,
UNIT 8, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; DOCUMENTS TO BE
PREPARED AT THE EXPENSE OF THE APPLICANT. THESE WILL BE MADE A PART OF
THE MINUTES WHEN RECEIVED.
11
APR 4 1979
Boa 3 9 PAGE 365
.A
11
•
CHAIRMAN WODTKE NEXT DISCUSSED THE RENEWAL OF THE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY FOR ODOM AVIATION, INC. AIR AMBULANCE
SERVICE. HE CONTINUED THAT ON NOVEMBER 30, 1977, A CERTIFICATE WAS
EXECUTED, AND IT IS A REQUIREMENT TO HAVE A RENEWAL CERTIFICATE ANNUALLY.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, TO"AUTHORIZE THE RENEWAL OF THE CERTIFICATE OF PUBLIC CON-
VENIENCE AND NECESSITY FOR ODOM AVIATION, INC. AIR AMBULANCE SERVICE;
EVIDENCE OF THE NEED, AS SUBMITTED BY THE APPLICANT, TO BE INCLUDED IN
THE MINUTES.
COMMISSIONER Loy STATED IT NOW APPEARS THAT THIS MUST BE
OBTAINED EVERY YEAR AND SUGGESTED AN EXPIRATION DATE BE PUT ON THE
CERTIFICATE.
ATTORNEY COLLINS AGREED THAT WE OUGHT TO HAVE A SET DATE ON
THE CERTIFICATE.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
APR 4 1979
12
BOOK 39 PAGE 366
I . 1
11
h,
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the ODOM AVIATION, INC. AIR Ambutance SeAvice pkovi.des
quaedty emecgeney m behvtieea o e zenb o DIAN RIVER County;
and,
WHEREAS, .there ha6 been demonatAated that there is a need bon this ambutanee beAv.ice
to operate in this county to ptovade ersennat becvice6 to the cWzen6 ob thia
County; and,
WHEREAS, the above/Innu?ance 6ecv.i.ce has indicated that it uxW comply with ate the
tequi&ementa ob the Emergency Medicat Senvicea Act ob 1973, the Board ob County
CommUzioneucb ob INDIAN RIVER County hereby ih.aueb a Cectibceate ob Pubtic
Convenience and Neca y � air ce company boh the yeaA 19,9
air
In .i.6auing this eentibieate .it i6 undeAAtood that the above named/ambutanee 6ervict
wilt meet the tequiumenta ob State Leg.i6tation and pAovrde emeAgency benviceA on
a twenty -bout houA ba iA bot the bottowcng aAea(al:
Indian River County;•that this Certificate is issued subject to the
right of Piper Aircraft Company continuing to provide emergency and non-
�""'.,! emergency flights as they have customarily done in the past. i
- --
R
I ..
April 4, 1979 Expires the 31st day of December, 1979
r '
r
Ambulance
trips for the year 1978
1-1-78
Andrea
Mia Pick Up
-
126-78
orbou h
Y 9
VRB-ORI
1-26-78
Cook
VRB-ORL
2-3-78
Dr. Needman
VRB-Godsen, Ala.
3-7=78
Howard Vogel
PBI -NYC
3-94-78
Wilbur Donly
FT.Pierce-Manouth, NY.
3-13-78
Professional Patient
TPA -Columbus, Ohio
4-25-78
Professional Patient
Sarasota -Ind.
4-24-78
Elizabeth Hansen
VRB-Wilmington, N.C.
5-7-78
Anita Conine
VRB-N.Y
5-12-78
Hansen
VRB-Wilmington, NcC.
5-30-78
Gilmore
VRB-NYC
8-19-78
Vero Travel Serv.
VRB-N.H.
9 -IU -78
Verna Hoagland
VRB-Cleveland, Ohio
9-18-78
Ross
VRB-Washington, Pa.
Ip -2-78
Jorgensen
Freeport -NY
10-7-7.8
Camfield
VRB-NY
i1-9-78
Henson
Freeport -Milwaukee, Wis.
11-8-78
Dr. Hamn
VRB-III.
11-13-78
Waller
. VRB-Anderson, S.C.
12-12-78
Harper
Pick up TPA-VRB
Boos 39 PAGE 368
APR .4 •1979
b
ON POTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JOHN
HRKACH TO ATTEND THE 18TH ANNUAL STATEWIDE VETERANS SERVICE OFFICERS'
TRAINING CONFERENCE IN DAYTONA BEACH, MAY 12 THROUGH MAY 17,,1979.
ON MOTION BY COMMISSIONER Loy, SECONDED BY. COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ELLEN
DAVIS, CIVIL !DEFENSE SECRETARY�TO ATTEND AN ADVANCED ADMINISTRATIVE
PROGRAM SEMINAR AT WILDWOOD, ON APRIL 16 THROUGH APRIL 18, 1979.
ASSISTANT ADMINISTRATOR NELSON APPROACHED THE BOARD AND
DISCUSSED THE PROPOSALS RECEIVED FOR THE LAUNDRY AND KITCHEN EQUIPMENT
LOCATED'AT THE OLD HOSPITAL SITE. HE CONTINUED THAT THERE WERE THREE
PROPOSALS SENT ON THE LAUNDRY EQUIPMENT AND TWO PROPOSALS WERE RECEIVED:
WARRENS LAUNDRY - $660 FOR ALL ITEMS] RICE BROS. - $450 FOR THE TWO
DRYERS AND IRONER. MR. NELSON EXPLAINED THAT THE MAJOR COST INVOLVED
IS REMOVING AND DISCONNECTING THE EQUIPMENT. HE STATED THAT THE BID
COMMITTEE RECOMMENDS THAT THE COUNTY ACCEPT WARRENS LAUNDRY BID OF $660
FOR ALL ITEMS OF LAUNDRY EQUIPMENT. MR. NELSON REPORTED THAT REGARDING
THE KITCHEN EQUIPMENT, II PROPOSALS WERE SENT OUT AND THE BID COMMITTEE
RECEIVED FIVE BACK, AND SINCE THAT TIME, ONE PROPOSAL HAS BEEN RECLAIMED.
MR. NELSON AND THE BID COMMITTEE FELT THAT THE AMOUNTS PROPOSED ARE TOO
LOWi HE STATED THEY WOULD LIKE TO ADVERTISE ON AN INDIVIDUAL BASIS
BECAUSE BY ACCEPTING PROPOSALS ON EACH INDIVIDUAL ITEM, THEY FEEL THEY
CAN DO BETTER. MR. NELSON CONCLUDED BY STATING THE BID COMMITTEE WOULD
LIKE TO REJECT ALL PROPOSALS ON THE KITCHEN EQUIPMENT AND ADVERTISE FOR
INDIVIDUAL BIDDING.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, TO ACCEPT THE RECOMMENDATION OF THE BID COMMITTEE AND AWARD
THE LAUNDRY EQUIPMENT TO WARRENS LAUNDRY AND REJECT THE BIDS FOR THE
KITCHEN EQUIPMENT AND RESUBMIT THE BIDS ON AN INDIVIDUAL BASIS.
DISCUSSION FOLLOWED REGARDING THE LAUNDRY EQUIPMENT.
CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS AGREED THAT
REMOVING THE FOUNDATION OF THE WASHER AND CAPPING IT WILL BE A GREAT
EXPENSE. HE NOTED THAT IT WOULD COST $1,800 FOR -RICE BROS, JUST TO
15
BOOK 39 PAGE 369
DISMANTLE THE SHEET IRONER AND MOVE IT THREE BLOCKS. HE CONTINUED THAT
WARRENS LAUNDRY WOULD HAVE TO MOVE THE EQUIPMENT TO FT. PIERCE, WHICH
WOULD BE EVEN MORE EXPENSIVE.
COMMISSIONER LYONS MADE THE COMMENT THAT RICE BROS.'DOES THE
LAUNDRY FOR THE AMBULANCE SQUAD AT NO CHARGE.
CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS COMMENTED THAT
THE COUNTY WOULD BE PENALIZED BY THE GENERAL CONTRACTOR IF THE EQUIPMENT
HAD TO BE REMOVED BY THE CONTRACTOR. HE STATED WE HAVE ALREADY INVESTED
$154 IN ADVERTISING. HE CONTINUED THAT THE IRONER AND WASHER ARE IN
VERY GOOD CONDITION; AND HE DID NOT KNOW IF WARRENS LAUNDRY PLANS TO USE
THE EQUIPMENT OR USE IT FOR PARTS. SIR. KONTOULAS STATED THE ESTIMATED
COST ON THIS LAUNDRY EQUIPMENT WAS BETWEEN $40,000 TO $50,000 WHEN l
PURCHASED - THE KITCHEN EQUIPMENT WAS BETWEEN $28,000 TO $30,000.
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT WE HAVE THE
ABILITY TO DISCONNECT THE KITCHEN EQUIPMENT OURSELVES, BUT NOT THE
LAUNDRY EQUIPMENT.
COMMISSIONER SIEBERT WONDERED IF WE COULD REJECT BOTH BIDS
AND GIVE THE LAUNDRY EQUIPMENT TO THE AMBULANCE SQUAD; THEY COULD THEN
HAVE IT REMOVED.
COMMISSIONER LOY NOTED THAT IT WOULD COST $2,500 TO DISCONNECT
THIS EQUIPMENT.
COMMISSIONER LYONS FELT THE AMBULANCE SQUAD WAS NOT IN A
• POSITION TO DO THIS.
CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS MENTIONED THAT
A ROOM 25' X 30' WOULD BE NEEDED TO HOUSE THE IRONER ALONE. HE SUGGESTED
THAT WE KEEP THE COMMERCIAL GIFT SHOP CABINETS. MR. KONTOULAS MENTIONED
THAT THEY HAVE ONLY TWO POTENTIAL BIDDERS FOR THE LABORATORY EQUIPMENT,
AND PLAN TO KEEP A PORTION OF THE LABORATORY EQUIPMENT FOR THE UTILITY
DEPARTMENT.
WILLIAM KOOLAGE, 815 26TH AVENUE, FELT THE BID SHOULD GO WHERE
THE COUNTY AND THE TAXPAYER WOULD REALIZE THE MOST BENEFIT.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
16
Booz 39 PAGE 37Q
APR 4 1979
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THE TOP BID
FOR THE KITCHEN EQUIPMENT WAS WITHDRAWN,
CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS EXPLAINED THE
TOP BIDDER MADE TWO TRIPS FROM .JACKSONVILLE TO SEE THE KITCHEN EQUIPMENT,
AND THEN SENT A LETTER STATING HE WAS WITHDRAWING THE BID BECAUSE HE FELT
THE COST OF GASOLINE, THE REMOVAL OF THE EQUIPMENT, AND SHIPPING IT WAS
JUST OUT OF HIS REACH. HE CONTINUED THE BID WAS WITHDRAWN AFTER IT WAS
OPENED; AND ALL OF THE BIDS WERE OPENED THE DAY AFTER THE LAST COMMIS-
SION MEETING.
ASSISTANT ADMINISTRATOR NELSON FURTHER EXPLAINED THAT THE
PROPOSAL REQUESTS THAT WERE SENT OUT DID NOT MEET ALL THE REQUIREMENTS
OF OUR BID PROCEDURES AS OUTLINED IN OUR NEWLY ADOPTED PURCHASING GUIDE-
LINES; AND THEY PLAN T0, FOLLOW THESE PROCEDURES ON THE NEW BID REQUESTS.
HE CONTINUED THE BID COMMITTEE FELT, BY DISCONNECTING THE KITCHEN EQUIP-
MENT OURSELVES, IT MAY PRESENT A MORE FAVORABLE CONDITION FOR THE BIDDERS.
FSR. NELSON REITERATED THAT OUR MAINTENANCE PEOPLE AT THE OLD HOSPITAL
SITE WOULD BE ABLE TO DISCONNECT THIS EQUIPMENT AND HAVE IT READY FOR
PICK UP.
ASSISTANT ADMINISTRATOR NELSON NEXT BROUGHT BEFORE THE BOARD
THE REASONS FOR THE NECESSITY OF A NEW CAR. HE FURTHER STATED THAT WE
GAVE THE CITY/COUNTY BUILDING DEPARTMENT OUR 1973 4 DOOR, FORD GALAXIE,
AS THEY NEEDED AN AUTOMATIC, AIR-CONDITIONED VEHICLE FOR TRAVELING.
11R. NELSON SAID THAT AT THE PRESENT TIME, THEY ARE CAR-POOLING, AND NEED
A CAR. HE REPORTED THAT BIDS WERE RECEIVED FROM BILL SHULTZ CHEVROLET,
FRED COYNE CHEVROLET AND FT. PIERCE DODGE,AND THE BID COMMITTEE FEELS
IT WOULD BE IN THE BEST INTEREST OF THE COUNTY TO TAKE THE SECOND LOWEST
BIDDER, FT. PIERCE DODGE, PRICED AT $5,650.69, BECAUSE OF THE DELIVERY
TIME.
ON MOTION MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE BID
COMMITTEE TO PURCHASE A 1979 4 DOOR SEDAN.FROM FT. PIERCE DODGE IN THE
AMOUNT OF $5,650.69.
17
APP 4 1979
BOOK 39 PAGE 371
RALPH LUNDY, PRESIDENT OF THE GIFFORD PROGRESSIVE CIVIC
LEAGUE, INC., CAME BEFORE THE BOARD TO DISCUSS VARIOUS MATTERS, THE
FIRST BEING UNFAIR WATER RATES. HE INFORMED THE BOARD THAT HE HAS
PETITIONS SIGNED BY APPROXIMATELY 230 CUSTOMERS ON THE COUNTY SYSTEM,
SUPPORTING A REQUEST THAT FHA REPRESENTATIVES BE ASKED TO REVIEW AND
REEVALUATE THE WATER SYSTEM. MR. LUNDY POINTED OUT THAT MORE PEOPLE
HAVE BEEN ADDED TO THE SYSTEM SINCE THE ORIGINAL RATES WERE -.SET AND FOR
THAT REASON, HE FELT THERE IS A REASON TO REDUCE THE RATES. HE NOTED
THAT AT THE PRESENT TIME THE RATES ARE BASED ON A MINIMUM OF 2,000
GALLONS, AND THERE ARE MANY WHO FEEL THAT 3,000 GALLONS WOULD BE A
FAIRER FIGURE. THEY FEEL THERE IS SOME INCONSISTENCY OR UNFAIRNESS
INVOLVED IN THE COMPILING OF THE BILLS AND THAT AN INVESTIGATION SHOULD
BE MADE TO DETERMINE WHAT IS CAUSING THIS. MR. LUNDY STATED THAT THEY
KNOW OF SITUATIONS WHERE THERE ARE 10 IN A FAMILY WHICH HAS A WASHING
MACHINE AND WATERS THE LAWN, AND THEIR BILL WAS $26.00. THERE IS ANOTHER
CASE WHERE A FAMILY OF.%, WHO ALSO HAS A WASHER AND WATERS THE LAWN,
HAD A BILL OF ONLY $14.60. AT THE SAME TIME, THERE ARE INDIVIDUALS WHO
ARE PAYING MORE THAN LARGE FAMILIES; FOR INSTANCE, ONE PERSON WITH NO
WASHING MACHINE, AND WHO DOES NOT WATER THE.LAWN, HAD A BILL OF $19.00,
AND THERE ARE SEVERAL CASES WHERE TWO IN A FAMILY WERE CHARGED $8.60
WHILE OTHER FAMILIES WITH 4 OR 5 HAD A BILL OF $11.60. HE THEN SPOKE
OF A BILL OF $126 FOR A FAMILY OF 10 WHILE ANOTHER FAMILY OF 10 WAS
BILLED $14.00. BECAUSE OF THESE MANY DISCREPANCIES, THE LEAGUE FEELS
AN INVESTIGATION SHOULD BE MADE OR THE FHA CALLED TO REEVALUATE. MR.
LUNDY REPORTED THAT IN ONE AREA THERE WAS A PIPE WHERE WATER WAS.LEAKING
IN THE MIDDLE OF THE ROAD. HE STATED THAT THIS WAS REPORTED, AND THEY
WERE TOLD BY THE OFFICE THAT SOMEONE HAD TO PAY FOR IT. MR. LUNDY
FURTHER NOTED THAT SOME PEOPLE HAVE GONE TO GREAT EXPENSE AND CALLED IN
PLUMBERS TO SEE IF THEY MIGHT HAVE LEAKS. HE STATED THAT THERE ARE
CITIZENS AT THE MEETING WHO WOULD LIKE TO VOICE THEIR PROBLEMS.
CHAIRMAN WODTKE ASKED MR. LUNDY IF HE FELT A BILL OF $26.00
FOR A FAMILY OF 10 IS UNFAIR.
BOOK 39 PAGE 372
APR 4 1979
I
MR. LUNDY FELT THAT WOULD BE UNDERSTANDABLE, ESPECIALLY WHERE
CHILDREN WERE INVOLVED, BUT STATED THEY CAN'T FIGURE OUT WHY OTHER
FAMILIES WITH JUST ONE OR TWO MEMBERS ARE BILLED THE SAME AS LARGER
FAMILIES.
ATTORNEY COLLINS ASKED MR. LUNDY IF HE FELT TWO PEOPLE COULD
USE AS MUCH WATER AS 10 PEOPLE, AND MR. LUNDY DID NOT BELIEVE S0. THE
ATTORNEY THEN ASKED MR. LUNDY WHETHER ALL PEOPLE USE THE SAME AMOUNT OF
WATER, AND MR. LUNDY AGREED THEY DO'NOT.
COMMISSIONER SIEBERT POINTED OUT THAT IF THE WATER RUNS THROUGH
THE METER, THE CUSTOMER WILL BE BILLED FOR IT REGARDLESS OF WHERE IT
GOES, HE FELT WHAT REALLY IS BEING QUESTIONED IS THE ACCURACY OF THE
METERS.
ASSISTANT ADMINISTRATOR NEIL IELSON INFORMED THE BOARD THAT
THERE HAVE BEEN SOME LEAKS IN GIFFORD, AND THE UTILITY DEPARTMENT HAS
MADE CHECKS ON MANY ACCOUNTS. HE STATED THAT ONE PERSON USED 219,000
GALLONS AND ANOTHER OVER 500,000 GALLONS, AND THIS WAS DUE TO LEAKS, BUT
AN ADMINISTRATIVE DECISION WAS MADE AND THEY WERE NOT BILLED FOR THOSE
AMOUNTS, MR. NELSON NOTED THAT THE UTILITY DEPARTMENT DOES HAVE TO GO
BY THE METERS, UNLESS IT CAN BE DETERMINED THAT THEY ARE MALFUNCTIONING.
COMMISSIONER LYONS FELT IT WOULD HELP bF THE CUSTOMERS WOULD
LEARN TO READ THE METERS AND THUS BE ABLE TO CHECK ON THEIR OWN CONSUMP—
TION OF WATER. COMMISSIONER LYONS POINTED OUT THAT ANYTHING THAT HAPPENS
ON THE CUSTOMER'S SIDE OF THE METER IS THEIR RESPONSIBILITY, AND ANYTHING
•
THAT HAPPENS ON THE UTILITIES SIDE OF THE METER IS THE COUNTY'S RESPONSI—
BILITY. HE COMMENTED THAT CHECKING THE METERS IS EASY TO DO, AND HE
WAS SURE THE UTILITY DEPARTMENT WOULD BE GLAD TO HELP PEOPLE LEARN HOW
TO DO THIS.
MR. LUNDY REPEATED THAT THEY CAN'T BALANCE OUT HOW LARGE
FAMILIES CAN PAY LESS THAN FAMILIES CONSISTING -OF ONE OR TWO PERSONS,
CHAIRMAN WODTKE STATED THAT IF ANYONE FEELS THEIR METER IS
MALFUNCTIONING, WE WILL BE GLAD TO CHECK IT OUT. HE POINTED OUT THAT
IF THERE IS A LEAK IN THE ROAD, THAT WATER DOES NOT GO THROUGH THE METER
19
$ 39 PAUE 373
APR 4 1979
I
AND IT IS THE COUNTY'S LOSS BECAUSE THE COUNTY HAS TO PAY FOR EVERY
DROP OF THE WATER. THE CHAIRMAN NOTED THAT THE RATES BEING CHARGED,
$7.10 FOR THE FIRST 2,000 GALLONS AND $1.50.FOR EACH ADDITIONAL 1,000
GALLONS, ARE 1& ABOVE THE RATES URBAN DEVELOPMENT UTILITIES TRIED TO
IMPLEMENT IN 1976 IN ORDER TO IMPROVE THEIR WATER SYSTEM - NOT TO IMPROVE
THE SEWER. THE CHAIRMAN CONTINUED THAT THESE RATES WERE SET BY FHA AND
ARE TIED INTO THE NEXT PHASE OF THE EXPANSION. IT WILL BE NECESSARY TO
COME UP WITH ANOTHER 300 CUSTOMERS TO JUSTIFY THE EXPANSION. HE, THERE-
FORE, DID NOT.FEEL IT IS TIMELY TO TRY TO GET THE FHA TO REEVALUATE.
CHAIRMAN WODTKE FELT SURE THERE ARE SOME HOMES THAT DO HAVE LEAKS,
POSSIBLY RESULTING FROM THE ADDITIONAL PRESSURE CAUSED BY THE NEW ELEVATED
STORAGE TANK. THE CHAIRMAN EXPLAINED HOW JUST ONE TOILET STICKING AND
RUNNING CONSTANTLY CAN INCREASE A BILL TREMENDOUSLY, HE ALSO DISCUSSED
THE POSSIBILITY OF SOMEONE USING A HOSE ATTACHED TO ANOTHER IS HOUSE.
CHAIRMAN WODTKE REITERATED THAT THE UTILITY DEPARTMENT WILL BE GLAD TO
CHECK THE METERS TO SEE IF THEY ARE FUNCTIONING PROPERLY, BUT NOTED THAT
EVERY METER IN THE SYSTEM WAS REPLACED EITHER WITH A NEW METER OR A
COMPLETELY REBUILT ONE.
ASSISTANT ADMINISTRATOR NELSON INFORMED THOSE PRESENT THAT HE
WOULD BE HAPPY TO GO OVER EACH ACCOUNT INDIVIDUALLY WITH MR. LUNDY WITH
THE LATEST METER READINGS SO HE CAN SEE THE PROGRESSION OF THE USE OF
THE WATER,
SIR. LUNDY STATED THAT SOME OF THE INDIVIDUALS WHO HAVE COM-
PLAINED HAVE TRIED TO GET SOME INFORMATION, AND HE BELIEVED THEY HAVE
BEEN GIVEN THE COLD SHOULDER.
COMMISSIONER SIEBERT STATED THAT HE FOUND THAT DIFFICULT TO
BELIEVE. HE NOTED THAT THE METER READINGS ARE LISTED ON THE BILL, AND
THE CUSTOMER SHOULD CHECK THESE WITH THEIR METERS. HE EMPHASIZED THAT
IF THE METER IS OPERATING CORRECTLY AND THE WATER GOES THROUGH THAT
METER, FROM.THAT POINT ON IT IS THE CUSTOMER S RESPONSIBILITY.
DISCUSSION CONTINUED,.AND MR. LUNDY STATED THAT CUSTOMERS
HAVE CALLED THEIR PLUMBERS, HAVE BEEN TOLD THERE WERE -NO LEAKS, AND STILL
HAVE PROBLEMS WITH THEIR BILLS.
Q
APR 4 1979
BOOK 39 PAGE 374
I
MR. NELSON COMMENTED THAT THIS IS THE FIRST TIME CUSTOMERS IN
GIFFORD HAVE ACTUALLY BEEN ASSESSED ON THE AMOUNT OF WATER GOING THROUGH
THE METERS BECAUSE THE U.D.U. METERS WERE NOT WORKING AND BILLS WERE
ESTIMATED. HE, THEREFORE, FELT IT MAY BE IN SOME CASES•THAT PEOPLE ARE
NOT BEING CONSERVATIVE.
COMMISSIONER Loy INFORMED MR. LUNDY THAT THE ASSISTANT ADMIN-
ISTRATOR WILL BE GLAD TO DISCUSS SPECIFIC BILLS WITH HIM. SHE FELT ALL
MUST REALIZE THAT THIS IS A NEW SYSTEM TO THE COUNTY AS WELL AS TO THE
PEOPLE SO THERE ARE BOUND TO BE SOME KINKS IN IT, AND IT IS, THEREFORE,
PREMATURE TO REEVALUATE UNTIL WE HAVE HAD A CHANCE TO GET THE SYSTEM
GOING PROPERLY.
MR. LUNDY POINTED OUT THAT THE COUNTY IS TRYING TO ENCOURAGE
PEOPLE TO GET ON THE SYSTEM, AND SUCH A WIDE DIFFERENCE IN BILLS WILL
CERTAINLY NOT ENCOURAGE•PEOPLE TO JOIN ON,
COMMISSIONER LYONS DISCUSSED THE POSSIBILITY OF THE UTILITY
DEPARTMENT HOLDING A CLASS TO TEACH THE PEOPLE TO READ THEIR OWN METERS,
CHAIRMAN WODTKE DISCUSSED THE EXAMPLE GIVEN OF 7 PEOPLE IN A
FAMILYASING 7,000 GALLONS OF WATER FOR $14.00 AND NOTED THAT TWO PEOPLE
CAN USE 7,500 GALLONS PER MONTH. ACCORDING TO THE ENGINEERS, THE AVERAGE
FOR ONE PERSON TO USE PER.DAY IS 130 GALLONS OR APPROXIMATELY 250
GALLONS PER DAY FOR TWO PEOPLE, WHICH EQUALS 7,500 GALLONS PER MONTH.
THIS WOULD AMOUNT TO A BILL OF $15.00 FOR TWO PEOPLE. HE COMMENTED THAT
THE CITY OF VERO BEACH NOW STATES THAT THEY USE 256 GALLONS PER INDIVIDUAL
PER DAY.
MR. LUNDY ASKED WHY THEN WOULD A FAMILY OF 7 BE CHARGED ONLY
$14.00, AND CHAIRMAN NIODTKE STATED THAT IT OBVIOUSLY IS BECAUSE THEY
ARE NOT USING THAT MUCH WATER.
COMMISSIONER SIEBERT FELT THE POINT THAT HAS BEEN MADE IS
4` NOT THAT PEOPLE ARE BEING OVERCHARGED, BUT THAT SOME ARE GETTING A BREAK
AND BEING UNDERCHARGED..
CHAIRMAN WODTKE NOTED THAT WE CAN TAKE CARE OF METER PROBLEMS
OR PROBLEMS BETWEEN THE METER AND THE ROAD, BUT WE HAVE NO AUTHORITY
TO DO ANYTHING ELSE.
-21
APR 4 1979
BOOK 39 PAGE 3 15
I
1
I
ANNIE SANDERS INFORMED THE BOARD THAT SHE DOES NOT HAVE
SEWERAGE, AND HER BILL IS MORE THAN THAT OF HER DAUGHTER WHO DOES HAVE
SEWERAGE. SHE STATED HER FIRST BILL WAS $16.00, AND THEN SHE PAID $32.00
IN ONE MONTH WHICH SHE DOES NOT FEEL IS FAIR. SHE NOTED THAT SHE CAN
ONLY WASH ONCE A WEEK, AND SHE HAS SEVEN IN THE FAMILY.
CHAIRMAN WODTKE POINTED OUT THAT THE SEWER BILL IS NOT CON-
NECTED TO THE WATER BILL, AND HER DAUGHTER WOULD.BE PAYING A FLAT RATE
OF $7.50 A MONTH FOR THE SEWERAGE.
MRS. SANDERS NOTED THAT SHE PAID $200..00 CASH AND THEN WAS
CHARGED $15.00 MORE TO GET THE METER, PLUS SHE HAD TO PAY TO HAVE IT
HOOKED UP TO THE HOUSE. SHE FELT IF THE COUNTY WANTS 200 OR 300 MORE
PEOPLE ON THE WATER SYSTEM, THEY WILL HAVE TO DO BETTER THAN THIS.
COMMISSIONER LOY FELT THAT MR. LUNDY HAS MADE HIS POINT ABOUT
SOME FIGURES BEING VERY HIGH AND OTHERS VERY LOW. SHE AGREED THIS NEEDS
TO BE CHECKED OUT, AND THE COUNTY NEEDS SOME TIME TO IRON THE KINKS OUT
OF THE SYSTEM.
MR. LUNDY NEXT'DISCUSSED ESTABLISHMENT OF A HOUSING AUTHORITY,
NOTING THAT CONSIDERABLE TIME AND EFFORT HAVE -GONE INTO STUDIES ON THIS
SUBJECT, HE INFORMED THE BOARD THAT HE HAS APPROXIMATELY 1,000 NAMES ON
A PETITION REQUESTING THAT THE BOARD TAKE STEPS TO APPOINT A HOUSING
AUTHORITY. HE COMMENTED THAT THE PEOPLE WERE LED TO BELIEVE THE -BOARD
WOULD MAKE A DECISION AT THE PUBLIC HEARING HELD IN .JANUARY, AFTER
BEING ASSURED THAT THE LEGISLATURE WOULD PASS A BILL GIVING THE COUNTY
COMMISSION A CERTAIN AMOUNT OF CONTROL OVER A HOUSING AUTHORITY. MR.
LUNDY COMMENTED THAT THE PEOPLE HAD HOPED TO HAVE ANOPPORTUNITY TO
EXPRESS THEIR VIEWS ON WHY WE NEED A HOUSING AUTHORITY AT THIS HEARING,
BUT THEY WERE NOT ALLOWED TO. MR. LUNDY POINTED OUT THAT RECOMMENDATIONS
HAVE BEEN MADE BY A HOUSING STUDY COMMITTEE IN FAVOR OF A HOUSING
AUTHORITY AND PUBLIC HEARINGS HAVE BEEN HELD. IT HAS BEEN ESTABLISHED
THAT -THERE IS A NEED, BUT THE PEOPLE ARE STILL WAITING AND NO ONE HAS
BEEN ABLE TO COME UP WITH A SOLUTION TO THE PROBLEM. MR. LUNDY CONTINUED
THAT REPRESENTATIVE PATCHETT HAS STATED THAT THE COMMISSION CAN ACT
WITHOUT HAVING TO WAIT UNTIL THE BILL IS PASSED, AND SINCE SO MUCH TIME
22
11 B.aoK 39 PAGE 376
a
IS INVOLVED IN PREPARING THE GROUNDWORK FOR A HOUSING AUTHORITY, THE
PEOPLE CAN T UNDERSTAND WHY THERE IS STILL A DELAY. HE STATED THEY
-WOULD LIKE TO ASK THE COMMISSION TODAY TO TAKE STEPS TO SOLVE THIS
PROBLEM.
CHAIRMAN WODTKE STATED THAT HIS PERSONAL FEELINGS ARE THAT
IF WE DO HAVE A HOUSING AUTHORITY, THE BILL SHOULD BE ENACTED FIRST.
HE FELT IF WE CREATE A HOUSING AUTHORITY PRIOR TO THE BILL BEING ENACTED,
THEN WE WOULD HAVE A DIFFERENT TYPE OF HOUSING AUTHORITY. THE CHAIRMAN
DID FEEL THAT WE DO NEED TO SCHEDULE A HEARING REGARDING THE ESTABLISH-
MENT OF A HOUSING AUTHORITY. -
COMMISSIONER LOY AGREED THAT THE STATUS OF THE BILL WOULD HAVE
AN AFFECT ON A HOUSING AUTHORITY. IT WAS NOTED THE BILL HAS AN EFFECTIVE } �„
DATE OF .JULY 1ST.
ATTORNEY COLLINS STATED THAT HE WAS NOT OF THE SAME OPINION
AS REPRESENTATIVE PATCHETT. HE EXPLAINED THAT EVERY COUNTY IN THE STATE
OF FLORIDA HAS EXISTING RIGHT NOW A HOUSING AUTHORITY AND THE ONLY
THING THAT HAS TO BE DONE IS THE DETERMINATION OF NEED BY THE COUNTY
COMMISSION. HE INFORMED THOSE PRESENT THAT HE HAS ADVISED THE BOARD 5
THAT THEY SHOULD WAIT UNTIL THE SPECIAL ACT HAS BEEN PASSED BY THE
LEGISLATURE BEFORE HAVING A PUBLIC HEARING TO DETERMINE NEED. HE NOTED `
IF THEY WERE TO DETERMINE NEED NOW AND THE MEMBERS WERE APPOINTED, THE w
HOUSING'AUTHORITY COULD PROCEED WITHOUT THE GUIDANCE OF THE SPECIAL ACT, _
WHICH WOULD NOT BE BINDING ON THEM BECAUSE IT HASNIT BEEN PASSED. THE
ATTORNEY EMPHASIZED THAT HE DID NOT FEEL THE BOARD CAN TAKE THE ACTION
NOW, SUBJECT TO THE ACT BEING PASSED IN THE FUTURE, BUT HE DID FEEL THEY
COULD SET UP A PUBLIC HEARING FOR AFTER .JULY IST IF THEY WISHED.
COULD
MR. LUNDY ASKED IF IT WEREN'T POSSIBLE THAT THE BOARD C �
ESTABLISH.AN AUTHORITY NOW THAT WOULD BECOME ACTIVE UPON THE LEGISLATION
SOUGHT BY THE BOARD BEING ENACTED, THE ATTORNEY EXPLAINED THIS IS NOT
FEASIBLE BECAUSE THE HOUSING AUTHORITY IS CREATED BY STATUTE RIGHT NOW
AND THE ONLY THING THAT NEEDS TO BE DONEIS THE DETERMINATION OF THE
NEED.
MR. LUNDY FELT THAT THE NEED HAS BEEN ESTABLISHED.
23
BOOK 39 PAGE 377
ATTORNEY COLLINS AGREED THAT THERE HAVE BEEN STRONG ARGUMENTS
PRESENTED, BUT REITERATED THAT IF THE BOARD SHOULD TAKE THE ACTION NOW
WITHOUT THE SPECIAL LEGISLATION IN QUESTION, THE HOUSING AUTHORITY COULD
PROCEED WITHOUT THE GUIDANCE OF THE SPECIAL ACT.
COMMISSIONER SIEBERT DISCUSSED HOLDING A PUBLIC HEARING SOONER
BUT NOT REACHING THE DECISION UNTIL AFTER THE SPECIAL ACT HAS BEEN
PASSED. HE COMMENTED TO MR. LUNDY THAT THE CHANCES OF A HOUSING AUTHORITY
BEING CREATED ARE MUCH BETTER AFTER'PASSAGE OF THE ACT THAN BEFORE. •
ATTORNEY COLLINS POINTED OUT THAT THE BOARD ACTUALLY DOES NOT
HAVE TO HOLD A PUBLIC HEARING AT ALL, BUT THEY HAVE ESTABLISHED THAT
THEY WILL. HE NOTED THAT A PUBLIC HEARING COULD BE HELD BEFORE THE
EFFECTIVE DATE OF .JULY 1ST, BUT HE DID NOT SEE ANY ADVANTAGE IN IT..
COMMISSIONER SIEBERT AGREED IT PROBABLY WOULD NOT SAVE ANY TIME
AND MIGHT EVEN CREATE THE NECESSITY OF HAVING AN ADDITIONAL HEARING.
AFTER FURTHER DISCUSSION, IT WAS AGREED TO SET 7:00 P.M.
TUESDAY, .JULY 17TH, FOR A PUBLIC HEARING ON THE NEED FOR A HOUSING
AUTHORITY.
MR. LUNDY THEN•WENT ON TO DISCUSS A COLLECTOR STATION FOR THE
GIFFORD AREA, HE STATED THAT SEVERAL MONTHS AGO THE CIVIC LEAGUE ASKED
FOR A COLLECTOR STATION IN THE GIFFORD AREA. PRIOR TO THAT TIME, THEY
WERE IN CONTACT WITH THE COUNTY ADMINISTRATOR`S OFFICE AND MADE A
SIMILAR REQUEST. HE COMMENTED THAT THEY ARE STILL WAITING FOR A DUMPING
STATION, AND IT IS GETTING TO A POINT WHERE THEY ARE GETTING LITTLE HOME-
MADE DUMP STATIONS ALL AROUND, AND PEOPLE HAVE EVEN BEEN DUMPING AT THE
GIFFORD PARK. HE FELT THAT IT IS REGRETTABLE THAT SO MUCH TIME AND
EFFORT WAS SPENT TRYING TO DEVELOP A FINE RECREATION SITE FOR THE -
COMMUNITY ONLY TO HAVE PEOPLE USE IT FOR A DUMP. HE FELT IF THEY COULD
HAVE A DUMP STATION IN THE AREA, IT WOULD ENCOURAGE PEOPLE TO GO THERE
RATHER THAN MAKING A DUMP OF THEIR OWN.
COMMISSIONER SIEBERT FELT MR. LUNDY DID NOT HAVE TO PROVE THE
NEED FOR A DUMP SITE IN GIFFORD.
COMMISSIONER LOY AGREED THAT THE BOARD IS VERY MUCH AWARE OF
THE PROBLEM. SHE NOTED THAT THE FELLSMERE COLLECTOR STATION WAS GIVEN
24
BOOK 39 PAGE T l o
I
m
THE FIRST PRIORITY AND THE GIFFORD ONE WAS SECOND. SHE FELT THERE HAD
BEEN THREE SITES SUGGESTED THAT WERE BEING CHECKED OUT AS A SITE FOR
THE COLLECTION STATION.
MR. LUNDY STATED THAT THEY HAD RECOMMENDED THE OLD DUMP SITE
BE USED MANY MONTHS AGO.
THE CHAIRMAN READ A NOTE WRITTEN BY THE ADMINISTRATOR WHICH
STATED THAT WHEN THEY CHECKED VARIOUS SITES, THE RESIDENTS OBJECTED.
HE NOTED THAT WE HAVE NOT HAD ANY INFORMATION BACK FROM ANY ORGANIZATION
ABOUT WHERE TO BUILD THE COLLECTOR STATION.
COMMISSIONER SIEBERT FELT IF MOST EVERYONE IS AGREEABLE TO THE
SITE SUGGESTED BY MR. LUNDY, WE CAN PROCEED.
MR. LUNDY STATED THE BOARD SHOULD HAVE RECEIVED A LETTER
RECOMMENDING THE OLD DUMP SITE SOME TIME AGO. IT WAS AGREED THAT THIS
WILL BE FOLLOWED UP ON.
MR. LUNDY SUGGESTED THAT THE FRONT ENTRANCE OF THE GIFFORD
PARK SHOULD BE CLOSED AT A CERTAIN HOUR AT NIGHT IN ORDER TO AVOID A
LOT OF THE ABUSES, VANDALISM AND DUMPING, WHICH MOSTLY OCCURS LATE IN
THE EVENING.
COMMISSIONER LOY ASKED IF HE WOULD BE AGREEABLE TO CLOSING
THE PARK AT SUNDOWN, AND MR. LUNDY FELT IT SHOULD .BE HALF AN HOUR AFTER
SUNDOWN.
THE BOARD AGREED THAT THIS WILL BE TAKEN CARE OF.
MR. LUNDY NEXT BROUGHT UP THE MATTER OF THE TRAFFIC LIGHT ON
U. S. I NEAR NORTH GIFFORD ROAD. HE STATED THAT THE CIVIC LEAGUE RE-
QUESTED THAT THE COMMUNITY DEVELOPMENT COMMITTEE ASK THE DOT TO MOVE THE
LIGHT TO ITS PROPER LOCATION. HE STATED THAT THIS LIGHT IS NOT SERVING
ANY PURPOSE AT ALL. IT IS MISLEADING TO MOTORIST$ WHO ARE NOT FAMILIAR
WITH THE AREA, AND HE FELT IT IS A WASTE OF THE TAXPAYER S MONEY.
COMMISSIONER SIEBERT AGREED THAT IT IS NOT ONLY A WASTE, BUT
HAZARDOUS AS WELL.
COMMISSIONER LOY NOTED THAT ORIGINALLY THIS WAS DONE AT THE
REQUEST OF THE GIFFORD PROGRESSIVE CIVIC LEAGUE. SHE EXPLAINED THAT
WE COULD NOT MAKE THAT INTERSECTION MEET ANY STATE CRITERIA TO GET A
APR 4 1979
25
Bom 39 PAGE M
" 1
r
LIGHT AT NORTH GIFFORD ROAD. LATER, HOWEVER, THE STATE CAME ALONG WITH
A SAFETY PROGRAM INVOLVING SCHOOL CHILDREN, AND IT WAS FEASIBLE TO GET
A PERMIT UNDER THAT PROGRAM. SHE AGREED THAT THIS IS A TERRIBLE INTER-
SECTION AND STATED THAT SHE HAS BEEN WORKING ON THIS PROBLEM FOR MONTHS;
HAS A COPY OF ALL THE TRAFFIC ACCIDENTS; AND, IN FACT, HAS HAD THE DOT
UP HERE ON TWO.000ASIONS TRYING TO JUSTIFY THE NEED FOR A TRAFFIC LIGHT
AT THAT INTERSECTION. COMMISSIONER LOY NOTED THAT WE MAY HAVE TO PAVE
THE EAST SIDE OF THE INTERSECTION Its ORDER TO MAKE IT A PROPER INTER-
SECTION SO WE CAN PUT UP THE RIGHT TYPE OF LIGHT. SHE AGREED THAT THE
PEDESTRIAN LIGHT IS AS. MUCH OF A HAZARD AS A HELP. SHE ASKED IF THERE
ARE ANY SCHOOL CHILDREN WHO PRESENTLY LIVE ON THE EAST SIDE IN THIS AREA
AND USE THE LIGHT TO GET ACROSS.
MR. LUNDY THOUGHT THERE WERE VERY FEW, IF ANY,
COMMISSIONER LOY STATED THAT SHE WILL CHECK ON THIS WITH THE
SCHOOL SYSTEM.
COMMISSIONER SIEBERT FELT IT MIGHT BE BETTER TO HAVE NO LIGHT
AT ALL THAN THE PRESENT ONE, AND COMMISSIONER LOY AGREED IT MIGHT BE
BETTER IF THE LIGHT WERE TURNED OFF.
MR. LUNDY CONCLUDED HIS PRESENTATION AND STATED THAT HE WOULD
TURN A LIST OF ACCOUNTS OVER TO MR. NELSON SO HE -COULD CHECK ON WATER
METERS.
FRANK ZORC REQUESTED PERMISSION TO SPEAK IN REGARD TO THE
HOUSING AUTHORITY. HE STATED THAT HE HAS HAD AN INTEREST IN A HOUSING
AUTHORITY FOR A NUMBER OF YEARS AND FINDS IT INCREDIBLE THAT WE ARE
FACED WITH MORE DELAYS BEFORE A DECISION IS MADE. HE STATED THAT IF,
AS ATTORNEY COLLINS STATED, ALL THAT IS NEEDED TO ESTABLISH A HOUSING
AUTHORITY IS A HEARING TO DETERMINE THE NEED, HE FELT THE NEED HAS
BEEN DETERMINED MANY TIMES OVER AND THAT THE HEARING COULD BE HELD SOONER.
MR. ZORC THEN READ AN ARTICLE FROM THE PRESS .JOURNAL QUOTING REPP.ESEN-
TATIVE PATCHETT AS STATING THAT THE COUNTY COMMISSION DOES NOT HAVE TO
WAIT -FOR THE BILL TO GO THROUGH THE LEGISLATURE AND THAT THEY COULD MAKE
THE HOUSING AUTHORITY CONTINGENT UPON THE PASSING OF THE SPECIAL ACT.
APR 4 1979
'26
�� 30 PAGE 380
MR. ZORC CONTINUED THAT DURING THE DISCUSSIONS IN .JANUARY, THE TAX-
PAYERS ASSOCIATION MADE GREAT ISSUE OF THE FACT "THAT THE COUNTY HAS
RECENTLY RECEIVED A GRANT OF 1.1 MILLION FOR HOUSING FOR THE GIFFORD
AREA. It HE NOTED THAT THE COUNTY HAS NEVER RECEIVED THAT GRANT; IT WAS
ONLY APPLIED FOR; AND NOW WE HAVE THE REPORT THAT THE GRANT HAS BEEN
DENIED. MR. ZORC STATED THAT FINALLY IN .JANUARY THERE WAS A PUBLIC
HEARING SCHEDULED AND HELD TO DISCUSS THE HOUSING AUTHORITY AND AT THE
LAST MINUTE THE HEARING WAS CANCELED AND THE ONLY THING DISCUSSED WAS
THE LEGISLATION. HE FELT THAT WAS VERY WRONG.
A LADY RESIDENT OF GIFFORD ASKED THE BOARD WHY THEY ARE IGNOR-
ING THESE THINGS WHEN IT COMES OUT IN THE PAPER THAT IT IS NOT NECESSARY
TO WAIT.
CHAIRMAN WODTKE POINTED OUT THE REPRESENTATIVE PATCHETT IS
NOT AN ATTORNEY, AND THE BOARD MUST RELY ON THEIR ATTORNEYS ADVICE
AND OPINION. HE FURTHER SUGGESTED THAT POSSIBLY EVERYTHING YOU READ IN
THE PAPER IS NOT COMPLETELY ACCURATE.
CHAIRMAN WODTKE CALLED SUPERVISOR OF ELECTIONS ROSEMARY
RICHEY FORWARD.
QRS. RICHEY INFORMED THE BOARD THAT SHE HAS A PROBLEM IN REGARD
TO A POLLING PLACE FOR PRECINCT 5B SINCE THE BOARD OF DIRECTORS OF ST.
EDWARD'S SCHOOL HAVE APPARENTLY DECIDED THE SCHOOL CANNOT BE USED AS A
POLLING PLACE. ATTORNEY COLLINS OFFERED TO LOOK INTO THIS SITUATION.
•
MRS. RICHEY NEXT INFORMED THE BOARD THAT THEY ARE IN THE
-PROCESS OF TRYING TO DIVIDE PRECINCT 5, AND HOPE TO SEND HALF OF THE
VOTERS TO CARPENTERS' HALL AND HALF TO THE LUTHERAN CHURCH. SHE STATED
THAT SHE HAS TALKED TO THE PASTOR OF THE LUTHERAN CHURCH ABOUT THIS AND
HOPES TO GET AN OFFICIAL APPROVAL BY THE END OF THE WEEK. SHE NOTED
THAT A RAMP WILL HAVE TO BE INSTALLED.
CHAIRMAN WODTKE THEN INFORMED MRS, RICHEY THAT THE ELECTED
OFFICIALS, SHERIFF .JOYCE, PROPERTY APPRAISER LAW, TAX COLLECTOR MORRIS,
AND -CLERK FREDA WRIGHT, AS WELL AS THE BOARD MEMBERS, ARE ASSEMBLED HERE
TODAY TO HONOR MRS. RICHEY'S 25 YEARS AS SUPERVISOR OF ELECTIONS. HE
READ ALOUD RESOLUTION No. 79-34 AND PRESENTED IT TO MRS. RICHEY.
27
BOOK 39 PAGE 381
ATTORNEY COLLINS DISCUSSED UPDATING OF FRANCHISES AND THE
MORATORIUM ON ISSUING OF SEWER AND WATER FRANCHISES, WHICH IS DUE TO
EXPIRE ON THE 10TH OF APRIL. HE THEN REVIEWED A DRAFT OF THE REVISED
FRANCHISE FORM WHICH HE AND MR. BEINDORF HAVE WORKED OUT. THE ATTORNEY
STATED THEY HAVE MADE A NUMBER OF ADDITIONS AIMED TOWARDS UPGRADING THE
PROCESS AND HOPEFULLY TIGHTENING UP SOME OF THE WEAK AREAS. HE FELT THE
MOST IMPORTANT MATTER IS TO COORDINATE THE FRANCHISES WITH OUR LONG-
RANGE PLANS, ATTORNEY COLLINS REVIEWED THE PROPOSED FRANCHISE FORM AND
STATED HE HAS RECEIVED A SUGGESTION THAT THE APPLICANT SHOULD WARRANT IN
THE FRANCHISE RESOLUTION, THEY WILL NOT TIE ON ADDITIONAL PARTIES UNTIL
SUCH TIME AS THEY HAVE AN ADEQUATE SUPPLY.
THE ATTORNEY CONTINUED THAT THEY WILL TRY•TO IMPROVE THE
DEFINITION OF A WATER PLANT SO THAT IT IS MORE DISTINCTLY SEPARATED FROM
THE DISTRIBUTION LINES, ETC., THAT THE COUNTY WILL BE TAKING OVER, THEY
ARE GOING TO TRY TO HAVE SOME COORDINATION BETWEEN FRANCHISES THAT ARE
CURRENT AND THOSE THAT ARE GOING TO BE DONE SO THERE WON'T BE ANY
INFRINGEMENT ON EITHER PARTY.
ATTORNEY COLLINS STATED THAT THE BIGGEST HURDLE TO OVERCOME
IS TO ASSURE THE COUNTY THAT THE APPLICANTS IN THE FUTURE WILL MAINTAIN
THE SYSTEM AND KEEP IT UP TO CERTAIN STANDARDS. THIS IS OUR BIGGEST
PROBLEM NOW, AND THE ATTORNEY FELT THERE IS NO REASON TO BELIEVE IT
WON T CONTINUE. HE SUGGESTED, AS ONE SOLUTION, A PERFORMANCE BOND WHICH
WOULD INCLUDE ASSURANCES OF QUALITY AND MAINTENANCE AND WOULD BE IN
EFFECT AS LONG AS THE FRANCHISE IS IN EFFECT, AND NOTED THAT IT WOULD.
BE PREFERABLE TO REQUIRE A CASH BOND SO THE COUNTY WOULDN'T BE IN THE
POSITION OF HAVING TO SUE A SURETY. ANOTHER POSSIBILITY WOULD BE TO
REQUIRE THE APPLICANT TO PUT THE TAP -ON FEES IN A DEPOSIT ACCOUNT AND
ALSO GIVE THE COUNTY SOME AUTHORITY, IN THE EVENT MAINTENANCE IS NOT KEPT
AT THE APPROPRIATE LEVEL, TO USE THOSE DEPOSIT FUNDS TO TAKE ACTION TO
BRING THE SYSTEM UP TO GRADE. ATTORNEY COLLINS NOTED THAT THE DRAWBACK
TO THIS IS THAT YOU DON T THEN HAVE THE TAP -ON FEES ON DEPOSIT WHEN YOU
GO TO HOOK INTO THE MASTER SYSTEM, BUT IT IS A VEHICLE TO GET FUNDING.
HE FELT THE PRIME EMPHASIS WOULD BE ON THE PERFORMANCE BOND. THE
ATTORNEY NEXT DISCUSSED THE QUESTION OF•CARRYING OUT THE REGULATIONS.
Bou 39 PAGE 382
•
HE DID NOT BELIEVE THE COUNTY IS NOW IN A POSITION TO HIRE SOMEONE ON
A FULL TIME BASIS TO MAKE INSPECTIONS OF THE SYSTEMS, BUT DID FEEL THEY
COULD HIRE A CONSULTING ENGINEER TO REVIEW THE SYSTEMS IN THE COUNTY ON
A SYSTEMATIC BASIS AND MAKE REPORTS AND RECOMMENDATIONS. HE STATED THAT
THIS SHOULD BE COORDINATED WITH DER -REQUIREMENTS,
ATTORNEY COLLINS CONTINUED THAT ONE OF THE THINGS THAT SURPRISED
HIM IS THAT THE COUNTY IS CHARGING NO FEES AT ALL FOR FRANCHISES AND
RECEIVING NO BENEFIT. HE NOTED THE FRANCHISE HOLDERS ARE RECEIVING A
BENEFIT WREN THE COUNTY ISSUES THE FRANCHISE. THE FRANCHISE HAS A VALUE,
AND THERE ARE CERTAIN RIGHTS AND OBLIGATIONS THAT GO WITH IT. ATTORNEY
COLLINS FELT A FEE COULD BE JUSTIFIED, NOT FROM A PROFIT STANDPOINT, BUT
TO TIE INTO THE COST OF REGULATING THE UTILITIES IN THE COUNTY AND HIRING
AN ENGINEER TO REVIEW THEM,
THE ATTORNEY.THEN DISCUSSED HAVING AN ENGINEER MAKE PERIODIC
INSPECTIONS DURING THE CONSTRUCTION OF A NEW FRANCHISE SYSTEM SO HE CAN
CERTIFY TO THE COUNTY.THAT EVERYTHING HAS BEEN DONE AS REQUIRED. IN
ADDITION, THERE HAS BEEN THE RECOMMENDATION ON NEW CONSTRUCTION THAT
THE SEWER LINES BY "TVED" (CAMERAS RUN-IN THE LINES TO SEE THAT EVERY-
THING IS DONE CORRECTLY.) ALSO, THERE IS A METHOD OF EXFILTRATION AND
INFILTRATION TO DETERMINE IF THERE ARE ANY LEAKS. THE ATTORNEY FELT
BOTH THESE METHODS ARE NEEDED TO BE SURE -EVERYTHING MEETS ALL QUALITY
STANDARDS, AND THAT ALL THIS SHOULD BE AT THE APPLICANT S EXPENSE.
ATTORNEY COLLINS INFORMED THE'BOARD THAT IT IS THE RECOMMENDATION OF THE
CONSULTING ENGINEER THAT THE COUNTY, AT THIS POINT, ACCEPT DER STANDARDS
AND NOT TRY AND PROMULGATE ANY STANDARDS OVER THOSE.
IN SUMMARY, THE ATTORNEY STATED THAT THE SUGGESTED FRANCHISE
FORM SHOULD BE CONSIDERED AS APPLYING TO A PARTICULAR PROJECT AND INTER -
LAPPING ITSELF WITH THE COUNTY'S PLANS ON A PARTICULAR TIME FRAME. HE
•,� FELT THAT NOT ALL OF THE PROVISIONS OF THIS FRANCHISE WOULD BE APPLICABLE
TO A PROJECT WHERE THE COUNTY DID NOT ANTICIPATE SUPPLYING SERVICE IN
THE AREA FOR A CONSIDERABLE LENGTH OF TIME. THE ATTORNEY FELT IF THE
BOARD WILL ACCEPT THE SUGGESTIONS JUST DISCUSSED AS WELL AS THOSE ALREADY
IMPLEMENTED, THAT IT WILL GO A LONG WAY TOWARDS SOLVING THE MAJOR CONCERNS
w
` BOK39 PAGE joij
WE HAVE HAD. HE INFORMED THE BOARD THAT HE HAS TRIED TO FIND OTHER
COUNTIES WITH THE SAME PROBLEMS, BUT IT APPEARS THE GREAT MAJORITY HAVE
JUST TURNED THEIR PROBLEMS OF THIS NATURE OVER TO THE PUBLIC SERVICE
COMMISSION. HE NOTED THAT THE BOARD HAS WANTED TO KEEP CONTROL OF THIS
SITUATION ON A LOCAL LEVEL AS LONG AS THEY CAN,
COMMI-SSIONER SIEBERT STATED THAT HE WOULD LIKE TO MAKE ONE
SUGGESTION TOWARDS ASSURING CONTINUED MAINTENANCE. HE NOTED THAT IF YOU
HAVE A NEW PLANT THAT IS INSPECTED, YOU ARE REASONABLY SURE IT WILL
OPERATE ALL RIGHT FOR A PERIOD OF TIME, AND HE, THEREFORE, FELT, SINCE
IT MIGHT BE DIFFICULT TO FINANCE LARGE CASH BONDS, POSSIBLY THE APPLICANT
SHOULD BE ALLOWED TO ESCROW A PORTION OF THEIR CHARGES UP TO A CERTAIN
LEVEL FOR THIS PURPOSE.
CHAIRMAN VIODTKE EXPRESSED CONCERN ABOUT THE STATEMENT IN REGARD
TO REQUIRING MAINTENANCE OF SUFFICIENT WATER PRESSURE FOR FIRE HYDRANTS,
ETC. HE FELT POSSIBLY SOME TYPE OF STANDARD OR MINIMUM REQUIREMENT
SHOULD BE INCLUDED, I.E., THE CAPABILITY TO PRODUCE 750 GALLONS PER
MINUTE. HE NOTED THAT HE DOES NOT KNOW HOW EXPENSIVE IT MIGHT BE FOR
SOMEONE WITH ONLY 20 OR 30 UNITS TO COMPLY WITH THIS REQUIREMENT, AND
POSSIBLY THE COST WOULD BE PROHIBITIVE.
COMMISSIONER LYONS AGREED THAT THIS SHOULD BE CHECKED WITH
ENGINEER BEINDORF TO SEE WHAT WOULD BE A REASONABLE STANDARD.
CHAIRMAN WODTKE NOTED THAT, IN ANY EVENT, WE WANT THE FRANCHISE
SYSTEM IS LINES TO BE COMPATIBLE AND COMPLY WITH OUR STANDARDS.
ATTORNEY COLLINS STATED THAT HE IS FAIRLY CONFIDENT THAT THE
CITY'S PRESENT STANDARDS MEET WHAT THE BOARD IS TALKING ABOUT AND HE
WILL CONFIRM THIS WITH ENGINEER BEINDORF.
THE CHAIRMAN NEXT INQUIRED ABOUT THE STATEMENT ON PAGE 6,
"IN THE EVENT THE COUNTY SHALL ELECT TO CHANGE .....° AND ASKED IF THAT
•ti., IS A NORMAL TYPE OF APPROACH. ATTORNEY COLLINS EXPLAINED THAT HIS INTENT
IS TO PASS THE COST OF RELOCATION ON TO THE APPLICANT, AND HE FELT THIS
IS THE RIGHT APPROACH IF THEY W -ISH TO USE -THE COUNTY RIGHTS-OF-WAY.
CHAIRMAN WODTKE.DISCUSSED THE PROVISION ON PAGE 9 REGARDING
THE MONEY IN ESCROW BECOMING THE PROPERTY OF THE CORPORATION IF THE
wl
�AtiK 39 PAGE 384
0
COUNTY DOESN'T PROVIDE SERVICE WITHIN SEVEN YEARS. HE NOTED THIS MONEY
WILL BE PAID BY INDIVIDUAL PROPERTY OWNERS, AND HE FELT THIS MIGHT BE
CLASSIFIED AS "WINDFALL PROFIT." ATTORNEY COLLINS DID NOT FEEL SO.
THE CHAIRMAN THEN NOTED THAT IT STATES THAT CORPORATIONS SHALL
MAINTAIN CURRENT AND SEPARATE SETS OF BOOKS FOR THE FRANCHISE OPERATION.
HE FELT IT MIGHT BE GOOD TO REQUIRE THAT THEY GIVE AN ANNUAL COPY OF
THEIR AUDIT AND TAX RETURN TO THE BOARD OR SOMETHING ON A PERIODIC BASIS
SO WE CAN HAVE FINANCIAL INFORMATION ON THE CONDITION OF THE CORPORATION.
COMMISSIONER LOY AGREED AND FELT SOMETHING SHOULD BE INCLUDED
ABOUT THE KIND OF INFORMATION THAT WILL BE NECESSARY WHEN THEY COME TO
THE BOARD FOR A HEARING ON RATE INCREASES.
CHAIRMAN WODTKE NEXT INQUIRED IF WE HAVE LANDSCAPE REQUIRE-
MENTS SUCH AS DISCUSSED ON PAGE 4.
COMMISSIONER SIEBERT POINTED OUT THAT UTILITIES REQUIRE SITE
PLAN APPROVAL, AND THIS CAN REQUIRE LANDSCAPING. ATTORNEY COLLINS STATED
THAT IT IS HIS UNDERSTANDING WE DO HAVE SUCH REQUIREMENTS.
COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO HAVE THE LAND-
SCAPING, BUT WAS NOT SURE WE COULD ENFORCE IT.
ATTORNEY COLLINS NOTED THAT IF THE CORPORATION AGREES TO DO
CERTAIN THINGS, WE CAN ENFORCE THAT,AND THAT IS WHY IT IS INCLUDED IN
THE FRANCHISE.
CHAIRMAN Y'iODTKE INQUIRED IF THE ATTORNEY IS SAYING THERE WILL
BE TWO TYPES OF FRANCHISES - ONE FOR AREAS WHERE WE WILL NOT BE FOR A
LONG TIME, ETC.
ATTORNEY COLLINS EXPLAINED THAT IT MAKES SENSE FOR THE COUNTY
TO OWN LINES WHERE WE FEEL WE WILL HOOK ON IN FIVE YEARS OR SO, BUT IF
THE COUNTY SHOULD FEEL THIS WILL NOT OCCUR FOR IO OR 15 YEARS, HE
QUESTIONED WHETHER THE COUNTY WOULD WANT THAT RESPONSIBILITY, EVEN THOUGH
THE LINES ARE LEASED BACK,
COMMISSIONER SIEBERT AGREED THAT IS REASONABLE, AND HE FELT
SUCH A DETERMINATION CAN BE MADE AT THE HEARING ON THE FRANCHISE.
COMMISSIONER Loy COMMENTED THAT WHAT WE WANT IS.A MODEL TO
GO BY, SHE AGREED THERE ARE MANY EXTENUATING CIRCUMSTANCES AND THAT WE
31
BOOK 39 PAGE 385
V
DO NEED FLEXIBILITY. SHE FELT THE ATTORNEY IS LEADING US IN THE RIGHT
DIRECTION.
ATTORNEY COLLINS BELIEVED IT WILL BE NECESSARY TO HAVE SOME-
BODY WHO WILL BE DIRECTLY RESPONSIBLE FOR OVERSEEING THESE FRANCHISES -
HAVE A TICKLER SYSTEM OF WHAT THINGS NEED TO BE DONE AT WHAT TIME, ETC.
COMMISSIONER LYONS REQUESTED THAT THE ATTORNEY CLARIFY WHAT HE
MEANT BY A CHARGE FOR A FRANCHISE.
ATTORNEY COLLINS STATED THAT THE COUNTY HAS AUTHORITY TO
REQUIRE A CERTAIN FEE FROM FRANCHISE HOLDERS. HE COMMENTED THAT SOME
COUNTIES DO MAKE A PROFIT, BUT HE FELT THE FEE SHOULD BE RELATED TO COST
OF INSPECTION AND REGULATION SO YOU ARE NOT USING OTHER COUNTY FUNDS TO
SUPPORT THIS ACTIVITY.
CHAIRMAN WODTKE ASKED IF THIS WOULD ENTAIL WATER QUALITY
TESTING OR WHETHER WE COULD JUST REQUIRE THEY MEET CERTAIN HEALTH
STANDARDS.
COMMISSIONER SIEBERT FELT IT WOULD REQUIRE A LOT MORE THAN
THAT BECAUSE YOU CAN STILL GET A GOOD WATER SAMPLE FROM A DETERIORATING
SYSTEM,
CHAIRMAN WODTKE STATED THAT HE DID NOT WANT TO GET INTO A LOT
OF DUPLICATION. HE POINTED OUT THAT SOME TESTING IS REQUIRED BY THE
DER AND POSSIBLY WE COULD RECEIVE COPIES.
IT WAS GENERALLY FELT THAT SOMEONE NEEDS TO REVIEW THESE TESTS
AND ALSO TO KEEP A HANDLE ON THE PHYSICAL FACILITY.
CHAIRMAN WODTKE ASKED HOW THIS WILL BE HANDLED IN AN OLD
FRANCHISE OR ONE THAT IS TO BE.EXPANDED.
ATTORNEY COLLINS FELT THIS COULD BE HANDLED AT THE TIME THEY
COME IN FOR A RATE INCREASE OR WISH TO BE EXPANDED SINCE WE CAN'T GO
BACK AND.IMPOSE THIS WITHOUT THEIR CONSENT. HE STATED THAT HE WILL
CHECK WITH THE PUBLIC SERVICE COMMISSION AND ENGINEER BEINDORF ON A
RECOMMENDED FEE. HE FELT IT WOULD BE ON A SLIDING SCALE DEPENDING ON
THE NUMBER OF UNITS, ETC.
CHAIRMAN WODTKE COMMENTED THAT THE BASIC ISSUE IS THAT WE
HAVE A MORATORIUM THAT IS RUNNING OUT SHORTLY, AND WE NEED TO ADDRESS
32
BOOK 39 PAGE 336
WHAT ACTION WE ARE GOING TO TAKE. HE NOTED THAT ENGINEER BEINDORF WILL
BE AT THE MEETING THIS AFTERNOON.
ATTORNEY COLLINS BELIEVED THE COUNTY IS NOW IN A POSITION TO
TERMINATE THE MORATORIUM AND FACE THE ISSUES AS THEY COME BUT SUGGESTED
THEY WAIT FOR THE ENGINEER'S COMMENTS.
COMMISSIONER LOY NOTED THAT WE DON'T NEED TO TAKE ANY OFFICIAL
ACTION, AND COULD JUST LET THE MORATORIUM EXPIRE.
ATTORNEY COLLINS AGREED. HE FELT THAT A NUMBER OF THINGS HAVE
BEEN ACCOMPLISHED DURING THE MORATORIUM PERIOD AND BELIEVED WE NOW HAVE
A BETTER GRASP ON PROBLEMS AND, HOPEFULLY, SOME SOLUTIONS._
IN FURTHER DISCUSSION, THE BOARD AGREED TO HAVE FURTHER DIS- C
CUSSION WITH ENGINEER BEINDORF EARLY THIS AFTERNOON BEFORE REACHING ANY
DECISION ON THE MORATORIUM.
THE BOARD, THEREUPON, RECESSED FOR LUNCH AT 12:00 NOON AND
RECONVENED AT 1:40 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT.
ATTORNEY COLLINS ANNOUNCED THAT BECAUSE OF THE BOARD'S CONCERN
OVER THE HYATT MINING OPERATION, HE HAD ASKED ATTORNEY CALVIN BROWN TO
MEET WITH THE APPROPRIATE GOVERNMENTAL OFFICIALS TO REVIEW THE SITUATION
AND THEN GIVE THE BOARD HIS LEGAL THOUGHTS ON THE MATTER. HE EMPHASIZED
TO THE BOARD THEY THEY ARE AN APPEALS BODY AND HE WOULD NOT ADVISE THEM
TO GET INTO A DECISION-MAKING PROCESS AT THIS POINT.
ATTORNEY BROWN INFORMED THE BOARD THAT HE MET WITH ZONING
•
DIRECTOR WALKER AND REVIEWED THE HISTORY OF THE HYATT MINING OPERATION
-AND ALSO WENT OUT TO THE SITE AND CHECKED IT. HE STATED THAT IT APPEARS
THERE WAS AN INITIAL MINING PERMIT GIVEN IN 1972 OR 1973 AND THERE WAS
TO BE A 13' CUT-OFF. IN 1977, THEY CAME BACK BEFORE THE ZONING COMMIS-
SIONIBUT IN REVIEWING THE MINUTES, IT SEEMS THERE IS A BIT OF CONFUSION.
ATTORNEY BROWN STATED THAT, AS HE RECALLS, IT WAS PURELY TO OBTAIN THE
•.t PERMISSION TO "DAYLIGHT" BETWEEN THE TWO MINING OPERATIONS. HE CONTINUED
THAT IN CONJUNCTION WITH THE APPROVAL OF THE SITE PLAN THAT NIGHT, THEY
INADVERTENTLY LOWERED THE ELEVATION ANOTHER 10', AND HE BELIEVED THIS
WAS OVERLOOKED. ATTORNEY BROWN NOTED THAT THERE WAS A REPRESENTATION
THAT THIS HAD BEEN•BEFORE THE MINING REVIEW COMMITTEE, ALTHOUGH THEY
CAN'T FIND ANY -MINUTES TO SUBSTANTIATE THIS. HE POINTED OUT THAT ONE
33.
w Boa 39 FACE 87
APR 4 1979
OF THE FIRST QUESTIONS THE PLANNING & ZONING COMMISSION ALWAYS ASKS IS
WHETHER THE PLAN HAS BEEN REVIEWED AND APPROVED BY THE MINING REVIEW
COMMITTEE. HE CONTINUED THAT THE PLAN WAS APPROVED, AND THEY WERE ALLOWED
TO GO DOWN TO 23'. UPON REVIEWING THE SITUATION NOW, IT APPEARS THEY
ARE ALMOST 10' BELOW THE 23' WHICH WAS APPROVED. ATTORNEY BROWN.STATED
HE FEELS THERE ALSO MAY BE A QUESTION ABOUT WHETHER THEY ARE MINING MORE
THAN THEY ARE SUPPOSED TO BECAUSE IT LOOKS LIKE MORE THAN IO ACRES, •
THOUGH YOU CAN'T TELL JUST FROM LOOKING AT IT. HE CONTINUED THAT YOU CAN
STOP THE OPERATION, BUT IT MUST BE AFTER DUE NOTIFICATION AND AFTER
DETERMINING THE REASONS FOR NONCOMPLIANCE. HE DID NOT BELIEVE THE COUNTY
ADMINISTRATOR HAS GIVEN FORMAL DUE NOTIFICATION OF WHAT THE PROBLEM
IS. ATTORNEY BROWN FELT IN ORDER TO FULLY PROTECT THE COUNTY, WE SHOULD
NOTIFY THEM IN WRITING THAT OUR SURVEY INDICATES THAT THEY ARE OVER 9'
BELOW THE SITE PLAN APPROVED AND GIVE THEM A CERTAIN NUMBER OF DAYS
TO ESTABLISH OTHERWISE. HE CONTINUED THAT IF THEY DON'T,THEN YOU CAN.
GO AHEAD AND DO A CEASE AND DESIST. IN THE INTERIM PERIOD, THEY CAN
APPEAL IF THEY WISH TO. HE NOTED THERE ARE OTHER REMEDIES BECAUSE IT IS
A MISDEMEANOR AND YOU CAN FORFEIT THE BOND, HE DID NOT KNOW IF THE
BOARD WISHED TO USE THE ALTERNATIVE OR JUST WANTED THEM TO RECTIFY THE
DAMAGE THAT ALREADY HAS BEEN DONE,
COMMISSIONER LYONS ASKED IF THE HYATT OPERATION HAS BEEN
FOLLOWING REPORTING PROCEDURES.
ZONING DIRECTOR WALKER STATED THAT THEY HAVE BEEN. HE NOTED
THAT HE HAS FIVE DIFFERENT FILES ON THIS ONE OPERATION.
COMMISSIONER SIEBERT ASKED WHEN THE LAST REPORT WAS MADE,
MR. WALKER STATED THAT IT WAS .JANUARY 12, 1978 AND THEY ALSO
HAVE A PROGRESS REPORT FOR 1978, THESE PROGRESS REPORTS MUST BE MADE
BEFORE OCTOBER 1ST OF EACH YEAR, AND THAT WAS DONE. HE CONTINUED THAT
•tip THE ZONING DEPARTMENT IS FOLLOWING PROCEDURES AND DOES GO UP PERIODICALLY
AND TAKE PICTURES, AND THE ONLY QUESTION THEY HAVE IS THE DEPTH OF THE
POND. AS TO THE SIZE OF THE OPERATION, HE COMMENTED THAT MR. HYATT HAS
AN OPERATION WHERE HE HAS SEPARATED TWO SIDES AND THEY ARE DAYLIGHTING
THROUGH.
34
APR 4 1979
BOOK 39 eAcE388
0
'y t
COMMISSIONER SIEBERT NOTED THAT THE AREA IN QUESTION IS 260'
WIDE, AND MR. WALKER STATED THAT MR. HYATT HAD A WATER PROBLEM, AND HE
HAS NOW PUMPED THE WATER OUT.
CHAIRMAN WODTKE ASKED HOW YOU CAN GET A 3 TO 1 SLOPE WHEN
THE AREA IS THAT DEEP.
MR. WALKER NOTED THAT THIS HASN'T BEEN DONE AT THE MOMENT AND
WON'T NECESSARILY BE UNTIL MR. HYATT GETS INTO THE SECOND PHASE. HE
COMMENTED THAT BEFORE MR. HYATT CAN MOVE OUT OF THE FIRST PHASE, HE HAS
TO COME BACK TO THE BOARD,AND IF HE DOESN'T HAVE HIS SLOPE, HE DOESN'T
GET A RENEWED PERMIT. IT IS JUST A MATTER OF HIM DIGGING IT OUT. THIS
WILL BE DONE, AND MR. WALKER STATED THAT HE HAS NO PROBLEM WITH IT AT
ALL. WHEN MR. HYATT MOVES OUT OF THERE, HE WILL HAVE TO HAVE IT UP -TO
PAR OR HE FORFEITS THE.$10,000. HE FELT TO TELL A MAN HE IS GOING TO
FORFEIT, HE MUST HAVE DUE NOTICE.
ATTORNEY COLLINS DID NOT BELIEVE ANYONE IS SUGGESTING A
FORFEITURE AT THIS POINT.
COMMISSIONER SIEBERT COMMENTED THAT HE BELIEVED THE ADMINISTRA-
TOR REPORTED THAT HE HAD WRITTEN A CEASE AND DESIST ORDER, BUT NOT
MAILED IT OUT BECAUSE THEY HAD ASSURANCES THAT THE HOLDER OF THAT PERMIT
BY THAT FRIDAY (TWO WEEKS AGO) WOULD SUBMIT DATA -FROM A REGISTERED
SURVEYOR SHOWING THAT HE WAS NOT IN VIOLATION.
MR. WALKER STATED THAT CLYDE MACNEILL HAS SUBMITTED A SURVEY
WHICH SHOWED THAT THIS IS 7' BELOW THE PERMITTED LEVEL. HE STATED THAT
APPARENTLY ADMINISTRATOR .JENNINGS WAS NOT SURE IF THIS MEANT MEAN SEA
LEVEL, SO THEY CALLED CITY ENGINEER LLOYD AND HE STATED THAT MEAN SEA
LEVEL IS WHAT THEY ALWAYS WORK WITH. MR. WALKER CONTINUED THAT WE HAD A
SURVEYOR GO UP AND SHOOT FROM OUR BENCHMARKS AND FOUND IT WAS ID' BELOW
WHAT WE APPROVED, HE INFORMED THE BOARD THAT THE ADMINISTRATOR WISHES
THIS TO GO BACK TO THE PLANNING & ZONING COMMISSION FOR REEVALUATION, AND
IT IS ON THE AGENDA FOR THE NEXT MEETING ON APRIL 12TH.
CHAIRMAN WODTKE ASKED MR. WALKER IF IT IS PERMISSIBLE FOR
THEM TO BE 10' -BELOW MEAN SEA LEVEL. HE FELT MR. WALKER WAS SAYING IF
THEY DIG'DOWN 10' IN THE NEXT PHASE, THEY WILL REPLACE IT AND THAT IS
OKAY-.
-35
BOOK JU PAGE 389
MR. WALKER POINTED OUT THAT 23' WAS APPROVED.
CHAIRMAN WODTKE NOTED THAT IF WE NOW FIND THEY ARE 10' BELOW
THAT, DO WE LET THEM GO ON UNTIL OCTOBER OF THIS YEAR? HE DID NOT
BELIEVE $10,000 WOULD FILL UP MUCH OF THE HOLE.
ATTORNEY BROWN STATED THAT IF,AT ANY POINT, THEY ARE.IN
VIOLATION OF THE SITE PLAN, YOU CAN SUSPEND THE OPERATION. HE FELT THAT
MR. WALKER IS SAYING, THAT MANY TIMES IT IS IMPOSSIBLE TO GET YOUR
SLOPE THE WAY THE SITE PLAN CALLS FOR IT WHEN YOU ARE IN THE PROCESS
OF DOING THE TOTAL DIGGING, BUT WHEN YOU GO TO THE NEXT PHASE, THOSE
SLOPES MUST BE IN COMPLIANCE.
COMMISSIONER SIEBERT ASKED WHETHER, AFTER LOOKING AT THE
PICTURES SUBMITTED, HE COULD SAY THEY ARE EVER GOING TO GET A 3 TO I
SLOPE, WHICH.HE FELT WOULD REQUIRE HUNDREDS OF THOUSANDS OF DOLLARS,
ZONING DIRECTOR WALKER STATED THAT HE BELIEVED MR, HYATT HAS
THE NEEDED FILL THERE BECAUSE HE IS FAR ENOUGH BACK, AND THAT HE COULD
LEVEL OFF THE SLOPE AND FIX IT. THE ONLY THING MR. WALKER COULD SEE WRONG
IS THAT MR. HYATT WAS GETTING BELOW THE 23' DEPTH AND APPARENTLY HE CON-
TINUED TO DIG. HE NOTED THAT A SLUMP HOLE IS SOMETIMES WISE.
CHAIRMAN WODTKE POINTED OUT THAT WE ARE ALREADY CONCERNED ABOUT
OUR AQUIFER AND THE WATER SITUATION, AND HE WOULD FEEL THAT AN OPERATOR
WOULD HAVE TO STOP AT THE APPROVED DEPTH.
COMMISSIONER SIEBERT ASKED,IF THE ZONING BOARD ACTED UPON
INCORRECT INFORMATION AND THE MINUTES SPECIFICALLY REFLECT THAT, WHETHER
e
THAT APPROVEL WOULD STILL STAND.
ATTORNEY BROWN FELT THAT AS TO A THIRD PARTY, IT WOULD, AND
ATTORNEY COLLINS AGREED.
COMMISSIONER SIEBERT POINTED OUT THAT THERE ARE PEOPLE WHO
WILL TESTIFY THAT THE ONLY REASON THEY ACTED WAS BECAUSE THEY WERE TOLD
r
IT WAS REVIEWED BY THE MINING REVIEW COMMITTEE, AND APPARENTLY IT WASNIT.
ATTORNEY BROWN FELT THAT IS A FAIR STATEMENT, BUT DID NOT
BELIEVE YOU CAN PENALIZE AN APPLICANT BECAUSE OF THE NEGLIGENCE OF THE
BOARD.
COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO KNOW FOR SURE
THAT THIS AREA COULD BE RESTORED AND WHETHER THERE IS ENOUGH FILL LEFT
FOR THIS.
01
BooK 39 PAGE 390
.APR 4 1979
ATTORNEY BROWN FELT THERE IS PLENTY.
CHAIRMAN WODTKE COMMENTED THAT MR. HYATT HAS APPARENTLY ONLY
SUBMITTED A LETTER WHICH STATED THAT "A BLACK MAN NAMED WILLIE SAID
THE DEPTH OF THE LAND IS APPROXIMATELY IO' BELOW THE WATER," WHICH HE
DID NOT FEEL WAS SUFFICIENT, RATHER THAN A REPORT FROM A REGISTERED
SURVEYOR.
ZONING DIRECTOR WALKER STATED THAT THE WATER HAS BEEN PUMPED
OUT SINCE THEN AND THAT WILSON VJETHERINGTON,OF THE ADMINISTRATOR'S
OFFICE,SHOT THE LEVELS AND SAYS THEY ARE 10' BELOW.
COMMISSIONER SIEBERT ASKED THAT THE ATTORNEYS GIVE THE ADMINIS-
TRATOR SOME GUIDANCE ON HOW TO PROCEED.
ATTORNEY COLLINS SUGGESTED THAT ATTORNEY BROWN AND ASSISTANT
ADMINISTRATOR NELSON GO INTO ANOTHER ROOM AND DECIDE HOW TO PROCEED,
POSSIBLY WRITE SOME LETTERS.
ZONING DIRECTOR WALKER CONTINUED TO DISCUSS THE LOCATION OF
THE MINING OPERATION AND PRESENTED MORE PICTURES. HE NOTED THAT THEY
ARE WORKING ON DR. FISCHER'S AND MR, DOZIER'S PROPERTY. MR. WALKER
POINTED OUT THAT THE POND WOULDN'T HOLD WATER BECAUSE OF THE HARDPAN,
THOUGH THIS IS'NO JUSTIFICATION FOR THE EXTRA 10'. HE DISCUSSED THE
LAYERS OF SOIL, COMMENTED THAT THE AREA IS FLAGGED, AND REITERATED THAT
HE FEELS MR. HYATT HAS PLENTY OF MATERIAL TO GRADE IT BACK. HE NOTED THAT
DR. FISCHER IS GOING DOWN 23' ON THE SOUTH END. MR. WALKER DISCUSSED
OTHER MINING OPERATIONS AND NOTED THAT WE ARE HOLDING MR. FLETCHER'S
MONEY AND HE IS SHUT DOWN. HE STATED THAT HE FELT WE SHOULD EITHER HAVE
SOMEBODY HERE WHO COULD GO SHOOT THESE LEVELS OR CHANGE OUR REGULATIONS
TO REQUIRE A REGISTERED SURVEYOR TO GET THE LEVELS EVERY SO MANY MONTHS.
HE STATED THAT HIS DEPARTMENT IS DOING THE BEST THEY CAN TO POLICE THE
SITUATION, BUT IF IT ISN'T GOOD.ENOUGH, WE NEED A REGISTERED SURVEYOR
OR ENGINEER.
COMMISSIONER SIEBERT COMMENTED THAT WHAT CONCERNS HIM IS THAT
HE DOESN'T LOOK AT IT AS BEING 10' BELOW, BUT 20' BELOW.
MR. WALKER NOTED THAT MR. HYATT'S ARGUMENT I.S THAT THEY NEED
TO GO BEYOND THE HARDPAN TO GET CLEAN WATER AND NEEDED THE SLUMP AREA
FOR THE WATER TO RUN TO,
37
APR 4 1979
BOOK 39 PAGE 391
0
1
COMMISSIONER SIEBERT POINTED OUT THAT THIS WAY HE ALSO GETS
BETTER FILL MATERIAL AND REITERATED THAT HE WAS ORIGINALLY ONLY SUPPOSED
TO GO DOWN 13', OR 10' ABOVE MEAN SEA LEVEL,
IN FURTHER DISCUSSION, IT WAS AGREED THAT ATTORNEY BROWN AND
ASSISTANT ADMINISTRATOR NELSON WILL WORK ON THIS SITUATION,
THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J, Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the Court, was pub-
lished in said newspaper in the issues of - 5, e2 P, %!/ 2__
Affiant further says that the said Vero Beach Press -Journal is a newspaper published 'at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before m/e�this a1offt
D.1T 77
Xi ,
(SEAQ
` n (Business Manager)
(Clerk of the Circuit Court, Ind4n)RIver County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the
Planning and Zoning Commission of Indian
River County, Florida, has tentatively ap-
proved the following changes and additions to
the Zoning Ordinance of Indian River County,
Florida, which changes and additions are
substantially as follows:
1. That the Zoning Map be changed in order
that the following described property situated
in Indian River County, Florida, to -wit:
Begin at the southeast corner of Tr. 28 in the
southl/2 of Section 4, Township 32 South, Range
39 East, run north 210' to P.O.B.; thence run
east 2001; thence run north 1001; thence run
west 2001; thence run south a distance of 100' to
PO.B.; said land lying and being in Indian
River County, Florida.
Be changed from A -Agricultural to R-1
Residential District.
A public hearing in relation thereto at which
parties in interest and citizens shall have an
opportunity to be heard, will be held by the
Board of County Commissioners of Indian
River County, Florida, in the County Com-
mission Room, Indian River County Cour-
thouse, Vero Beach, Florida, on Wednesday,
April 4,1979, at 2:00 P.M.
Board of County Commissioners
Indian River County
By: William C. Wodtke Jr., Chairman
Feb. 25, 28,1979.
THE FOLLOWING NOTICE WAS SENT TO DAN AND LILLY MCCULLERS BY
THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY -FLORIDA STATUTE 125,66,
BOOK 39 PAGE 392
BOARD OF COUNTY COMMISSIONERS.
WILLIAM C. WODTKE, JR., chairman
ALMA LEE LOY. Vice Chairman
WILLIARD W. SIEBERT, JR.
R. DON DEESON
- - PATRICK B. LYONS
JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32980
March 8, 1979
Dan B. & Lilly McCullers
P.O. Box 61
Winter Beach, Florida 32971
Dear Dan B. & Lilly McCullers:
In compliance with Florida Statute 125.66 the following
is a Notice of Public Hearing for rezoning as requested by
the Indian River County Planning and Zoning Department.
NOTICE
The Zoning Map will -be changed in order that the follow-
ing described property situated in Indian River County, Florida,
to -wit:
Begin at the S.E. corner of Tr. 28 in the S. 1/2
of Section 4, Township 32 S., Rama 39 E., run N.
210' to p.o.b.; thence run E. 200 ; thence run N.
1001; thence run W. 200'; thence run S. a distance
of 100' to p.o.b.; said land lying and being in
Indian River County, Florida
Be changed from A -Agricultural District to R-1 Residential
District.
A public hearing in relation thereto will be held by the Board
of County Commissioners of Indian River County, Florida in the
County Commission Room in the County Courthouse, Vero Beach,
Florida on Wednesday, April 4, 1979 at 2:00 o clock P.M.
7e
Freda Wright,
Clerk C •
FW:ef UNamA, -at►P r
U
BOOK 39 PAGE 393
APR 4 1979
1
PLANNING TECHNICIAN BARBARA BERARD INFORMED THE BOARD THAT
THIS REZONING WAS INITIATED BY THE PLANNING & ZONING COMMISSION AFTER
THEY RECEIVED A REZONING FOR HOBART BROTHERS. AT THE TIME OF THAT PUBLIC
HEARING, THE PLANNING & ZONING COMMISSION REQUESTED THE
MCCULLERS' PROPERTY ALSO BE ADVERTISED BECAUSE IT LEFT A LITTLE PIECE
OF AGRICULTURAL -PROPERTY IN THE AREA PROPOSED TO BE REZONED TO R-1,
WHICH WOULD RESULT IN SPOT ZONING. SHE STATED THAT THE MASTER PLAN DOES
SHOW LOW DENSITY FOR THE AREA, THE PROPERTY IN QUESTION CONTAINS 4.6
ACRES, AND THE PLANNING & ZONING COMMISSION IS RECOMMENDING THE REZONING
TO R-1 TO BRING THIS INTO CONFORMITY WITH THE SURROUNDING PROPERTY.
CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
THERE WERE NONE.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 79-10 GRANTING THE
REZONING TO R-1 OF THE PROPERTY OF DAN & LILLY MCCULLERS, AS REQUESTED
BY THE PLANNING & ZONING COMMISSION.
APR 4 1979
40
BOOK 39 pAEE 394
0
ORDINANCE NO. 79-10
WHEREAS, the Board of County Commissioners of Indian River County,
Florida, did publish and send its Notice of Ifitent to rezone the
hereinafter described property and pursuant thereto held a public
hearing in relation thereto, at which parties in interest and
citizens were heard; NOW: THEREFORE,.
BE IT ORDAINED by the Board of County Commissioners of Indian
River County, Florida, that the Zoning Ordinance of. -Indian -River
County, Florida, an -d the accompanying Zoning Map, be amended as
follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian.River
County, Florida, to -wit:
Begin at the southeast corner of Tr. 28 in the south 31
of Section 4, Township 32 South, Range 39 East, run
north 210' to P.O.B.; thence run east 200'; thence
run north•100'; thence run west 200'; thence run south
a distance of 100' to P.O.B.; said land lying and being
in Indian River County, Florida.
Be changed from A -Agricultural to R-1 Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
This Ordinance shall take effect April 9, 1979.
f
BOOK 39 PAGE 39
APR 4 1979
L
N
ZONING DIRECTOR WALKER AND MRS. .JOSEPH BRATCHER CAME BEFORE
THE BOARD IN REGARD TO A SPECIAL EXCEPTION FOR MRS. BRATCHER TO PLACE
A MOBILE HOME ON HER PROPERTY, WHICH IS IN AN R-1RM ZONE.
MR. WALKER NOTED THAT THE BOARD RECENTLY APPROVED A.SPECIAL
EXCEPTION IN THIS VICINITY NEAR NORTH GIFFORD ROAD AND 51ST COURT. HE
STATED THAT THE BRATCHERS HAVE OWNED THIS PROPERTY FOR TWENTY SOME YEARS
AND HAVE BEEN RESIDING ON THE SOUTH ACRE. THEY HAVE A 12' EASEMENT FOR
THEIR WAY IN AND OUT. MR. WALKER EXPLAINED THAT MRS. BRATCHER IS A
HARDSHIP CASE. HER HUSBAND IS TAKING TREATMENTS IN MELBOURNE FOR LUNG
CANCER AND SHE NEEDS HER SON OUT THERE TO HELP HER; SO SHE WANTS TO PUT
A DOUBLEWIDE MOBILE HOME ON THE ACREAGE. THEY HAVE A NUMBER OF PEOPLE
LIVING IN THE PRESENT HOUSE AND NEED MORE ROOM.
CHAIRMAN WODTKE ASKED IF IT IS THE PREROGATIVE OF THE BOARD
TO MAKE THIS'EXCEPTION.
ATTORNEY COLLINS INFORMED THE BOARD THAT THE EXCEPTION IS
NEEDED BECAUSE THE PROPERTY IS NOT LOCATED ON A DEDICATED HIGHWAY. THE
MOBILE HOME IS ALREADY PERMITTED IN THIS ZONING..
COMMISSIONER LYONS ASKED IF THEY MEET ALL OTHER REQUIREMENTS
EXCEPT THE WAY IN AND OUT, AND COMMISSIONER DEESON ASKED IF THE TOTAL
PROPERTY IS TWO ACRES.
14R. WALKER REITERATED THAT THERE IS A 12' EASEMENT FOR ACCESS
AND THEIR CURRENT HOME IS ON THE SOUTH OF THE TWO ACRES, WHICH IS THE
TOTAL PROPERTY. HE STATED THAT THE ADMINISTRATOR RECOMMENDS THAT THE
MINUTES READ THAT THE TRAILER HAS TO BE PLACED ON THE NORTH ONE ACRE
OF THE PROPERTY.
ATTORNEY COLLINS EXPLAINED THAT THE PROBLEM THAT EXISTS IS
THAT IN THIS ZONE, YOU CAN HAVE ONLY ONE RESIDENCE PER LOT. THE TWO
ACRES IS -LARGE ENOUGH, BUT IT IS ALL ONE LOT.
DISCUSSION FOLLOWED ON DIVIDING THE LOT, AND, MR. WALKER ASKED
MRS. BRATCHER IF SHE WOULD BE WILLING TO DEED THE NORTH HALF TO HER SON.
MRS, BRATCHER STATED THAT THEY STILL OWE MONEY TO THE BANK ON
THE ACREAGE, AND COMMISSIONER DEESON NOTED THAT THEY COULD ASK FOR A
PARTIAL RELEASE.
42
$om 39 PACE 396
APR 4 1979
0
DISCUSSION ENSUED ON HOW THE PROPERTY COULD BE DEEDED TO
ACCOMPLISH THE PURPOSE, AND ATTORNEY COLLINS STATED THAT YOU CAN'T DEED
SOMETHING TO YOURSELF - IT WOULD HAVE TO BE -SOMEBODY ELSE, EVEN IF IT
COMES BACK TO MRS. BRATCHER. HE NOTED THAT WE NEED A PUBLIC RECORD
SHOWING DIVISION OF THE LOT.
CHAIRMAN WODTKE NOTED THAT HE DID NOT HAVE ANY PROBLEM WITH
THE LOT NOT FRONTING ON A DEDICATED ROAD, AND ATTORNEY COLLINS FELT THE
EXCEPTION COULD BE GRANTED BASED ON THE PROPERTY BEING DIVIDED INTO
TWO SEPARATE PARCELS.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO ORDINANCE I!
I
No. 74-20 TO MRS. JOSEPHINE BRATCHER WITH THE REPRESENTATION FROM THE
APPLICANT THAT, SHE WILL COMPLY WITH THE ZONING REQUIREMENTS OF THE
R -IRM ZONE OF HAVING ONLY ONE DWELLING UNIT PER LOT.
MR. PELLEGRINO OF CODY & ASSOCIATES CAME BEFORE THE BOARD TO
REVIEW THEIR PERSONNEL STUDY. HE INFORMED THE BOARD THAT THEY INTER-
VIEWED PEOPLE IN•THE FIELD, ESTABLISHED VARIOUS POSITIONS, DID A SALARY
SURVEY, INVENTORIED EVERYBODY THEY COULD IN THE VICINITY AND IN SUR-
ROUNDING AREAS, AND PUT EVERYONE IN A SALARY RANGE AND TITLE CLASSIFICA-
TION. HE EMPHASIZED THAT THE SALARY RECOMMENDATIONS WERE BASED ON THIS
AREA AND THE SURROUNDING.VICINITY. MR, PELLEGRINO STATED THAT THE MAIN
THING THEY FOUND WAS THAT A MAJORITY OF THE PEOPLE WERE WORKING A 45
• HOUR WEEK WITH THE LAST FIVE HOURS BEING PAID AT THE TIME -AND -A -HALF
RATE. IT WAS FELT THIS WAS A LITTLE UNUSUAL, AND THEY ARE RECOMMENDING
THAT THE BOARD ADJUST THIS BACK TO A 40 HOUR WORK WEEK, BUT LEAVE THE
PEOPLE AT THE SALARY THEY WOULD HAVE BEEN MAKING AT A 45 HOUR WORK WEEK.
MR. PELLEGRINO COMMENTED THAT THE FIVE HOURS THAT WERE PAID AT TIME -AND -
.A -HALF WERE NOT PARTICULARLY COSTLY BECAUSE OF WHERE THE SALARIES WERE,
BUT IF THIS POLICY IS NOT DISCONTINUED, IT WOULD EVENTUALLY BECOME
PROHIBITIVE. HE FELT THIS IS AN OPPORTUNE TIME TO GET AWAY FROM THIS
PARTICULAR PRACTICE.
CHAIRMAN WODTKE QUESTIONED IF THE WORK WEEK IS CUT BACK TO 40
HOURS AND THE PAY REMAINS THE SAME, WHERE WE GET THE REST OF THE PRO-
DUCTIVITY.
43
BOOK PAGE397
APR 4 1979
r
MR. PELLEGRINO STATED THAT, THEORETICALLY, YOU WOULD BE LOSING
FIVE HOURS OF PRODUCTIVITY, BUT HE FELT ACTUALLY YOU WOULD NOT BE LOSING
THAT MUCH,
COMMISSIONER LYONS ASKED WHERE THIS OVERTIME IS TAKEN FROM,
AND ASSISTANT ADMINISTRATOR NELSON INFORMED HIM THAT THIS RELATES TO
THE ROAD & BRIDGE DEPARTMENT, WHERE THEY COME IN AT 7:00 A.M. AND QUIT
AT 4:30 P.M. IT ALSO INCLUDES THE SANITARY LANDFILL AND THE PARKS DEPART-
MENT, WHO ALL ARE ON HOURLY WAGES.
COMMISSIONER SIEBERT FELT THIS MIGHT CREATE A PROBLEM AT THE
SANITARY LANDFILL, BUT MR. NELSON POINTED OUT THAT THEY WORK ON A SHIFT
BASIS.
MR. PELLEGRINO REITERATED THAT HE FELT YOU WOULD GET THE SAME
PRODUCTIVITY REGARDLESS OF THE CHANGE IN HOURS. HE NOTED THAT THEY
HAVE FOUND THAT THE WORK EXPANDS TO MEET THE TIME FRAME IT IS IN.
COMMISSIONER SIEBERT ASKED IF THEIR WAGE RECOMMENDATIONS FOR
THE COUNTY WORKERS ARE BASED ON A 40 HOUR WEEK.
MR. PELLEGRINO STATED THAT THEY ARE. HE CONTINUED THAT THEY
ARE RECOMMENDING A MINIMUM TO MAXIMUM PAY PLAN WITHOUT INCREMENTAL
STEPS, WHICH HE FELT GIVES MORE FLEXIBILITY. HE EXPLAINED THAT WHEN.YOU.
HAVE INCREMENTAL STEPS, WHAT HAPPENS IS THAT ALL INCREASES, MERIT,
ACROSS-THE-BOARD, ETC., ARE USUALLY THOUGHT OF IN THOSE.PARTICULAR
INCREMENTS WITH THE RESULT THAT THE EMPLOYEE FEELS THAT IS THE MINIMUM
THEY SHOULD GET, AND IF THEY DON'T, IT CAUSES A LOSS OF MORALE. WITH
AN OPEN RANGE, MR. PELLEGRINO NOTED, WE ARE SAYING YOU CAN HIRE PEOPLE
AT THE MINIMUM AMOUNT RECOMMENDED AND SHOULD NOT BE PAYING PEOPLE OVER
THE TOP AMOUNT RECOMMENDED. HE CONTINUED THAT IF THERE IS ANYONE OVER
THE TOP FIGURE RECOMMENDED, THEY WOULD NOT RECOMMEND CUTTING THEM BACK,
BUT JUST REDLINING THEM UNTIL, THROUGH LATER READJUSTMENTS, THE RANGE
HAS CAUGHT UP WITH THEM. HE INFORMED THE BOARD THAT HE HAD CONVERSATIONS
AS LATE AS TODAY WITH THE SHERIFF, THE CLERK, AND THE SUPERVISOR OF
ELECTIONS, TO BE SURE THEY HAD AS MUCH INPUT AS THEY THOUGHT THEY NEEDED
AND THESE OFFICIALS WILL RECEIVE THEIR FINAL REPORTS TODAY. NIR.
PELLEGRINO STATED THAT THEY HAVE RELATED.POSITIONS IN THE CLERKS OFFICE,
44
BOOK 39 PACE 398
APR 4 1979
n
THE SUPERVISOR OF ELECTION'S OFFICE AND LIKE POSITIONS IN THE SHERIFF'S
DEPARTMENT. THESE ARE COMPARED THROUGHOUT THE COUNTY, AND THEREFORE,
A SECRETARY IN THE CLERK'S OFFICE AND A SECRETARY IN THE SHERIFF'S
DEPARTMENT, IF THEY ARE OF EQUAL CALIBER, WOULD BE PAID COMPARABLE WAGES.
HE NOTED THAT A PLAN WAS NOT DONE FOR THE PROPERTY APPRAISER OR THE TAX
COLLECTOR BECAUSE THEY DID NOT WISH TO PARTICIPATE.
MR. PELLEGRINO REPORTED THAT THEY HAVE RECOMMENDED VARIOUS
POLICIES, RULES AND REGULATIONS IN ADMINISTERING A PARTICULAR PAY PLAN,
MERIT TYPE INCREASES, PROMOTIONS, PROBATIONARY PERIODS, ETC. HE NOTED
THAT THEY ALSO RECOMMENDED A TRAINING CATEGORY DESIGNATION - FOR EXAMPLE,
YOU MIGHT ONLY BE ABLE TO GET AN ELECTRICIAN WITH LESS THAN THE DESIRED
QUALIFICATIONS, BUT IN A PERIOD OF TIME BY WORKING ON THE JOB, HE COULD
ACQUIRE THE PROPER CREDENTIALS,AND THEN YOU COULD ADJUST HIM UP TO IT.
IN OTHER WORDS, YOU WOULD NOT HAVE TO PAY TOP DOLLARS FOR SOMEONE WHO
DOES NOT MEET QUALIFICATIONS. HE THEN SPOKE OF THE "LEAD WORKER" CATE-
GORY, WHICH IS BASICALLY PEOPLE IN THE SAME CLASSIFICATION WHO ARE TAKING
SOME SEMI -SUPERVISORY TYPE LEAD WORK. THE PERSON ASSUMING THIS ROLE
WOULD RECEIVE A SMALL INCREASE WHILE WORKING •IN THAT POSITION.
MR. PELLEGRINO STATED THAT HE WOULD LIKE TO GET INTO WHAT ALL
THIS MEANS DOLLARWISE AND REVIEW THEIR RECOMMENDATIONS, WHICH ARE
BASICALLY AS FOLLOWS:
(1) ADJUST TO A 40 HOUR WEEK AND MAINTAIN PRESENT SALARIES ON THAT
BASIS;
(2) MOVE THE PEOPLE BELOW MINIMUM TO THE RECOMMENDED MINIMUM. HE NOTED
THAT IN THE BEGINNING, YOU MAY HAVE EVERYBODY GROUPED IN THE
BEGINNING OF YOUR RANGE WITH THE RESULT THAT WHEN YOU HIRE NEW
PEOPLE, YOU MAY FIND NEW PEOPLE MAKING AS MUCH AS PEOPLE WHO HAVE
BEEN HERE A LONG TIME. HE POINTED OUT THAT YOU CAN'T AFFORD TO
SLOT THEM YEAR FOR YEAR THROUGHOUT A PLAN SO THEY WOULD RECOMMEND -
(3)• THAT ANYONE WHO HAS BEEN HERE SIX MONTHS TO TWO YEARS BE ELEVATED
AT LEAST 5% FROM THE BASE RECOMMENDED (IF THEY ARE ALREADY THERE
OR OVER, THAT IS FINE AND THEY SHOULD STAY WHERE THEY ARE). ANY-
BODY HERE FROM TWO YEARS TO FOUR YEARS WOULD MOVE 10% FROM THE
APR 4 1979
45
BOOK 39 PAGE 399
BASE, AND ANYBODY HERE OVER FOUR YEARS, HE FELT SHOULD BE 15%
OVER BASE, AND THEN THIS PRACTICE WOULD STOP AT THAT POINT.
MR. PELLEGRINO CONTINUED THAT THEY HAVE COSTED OUT THEIR
RECOMMENDED PLAN, AND FOR A SIX MONTH PERIOD IT WOULD COST APPROXIMATELY
$20,000 TO GET INTO THE PLAN.
COMMISSIONER SIEBERT ASKED IF YOU ARE NOT GOING TO USE A STEP
PROCEDURE, WHERE IS THE STARTING PO OT TO REVIEW A PERSON S SALARY?
MR. PELLEGRINO FELT IT SHOULD COINCIDE WITH THE FISCAL YEAR,
BUT HE NOTED THAT, AT THAT TIME, THE BOARD MIGHT WISH TO ALLOCATE FUNDS
IN ACCORDANCE WITH ANNIVERSARY DATES OF INDIVIDUALS.
COMMISSIONER SIEBERT COMMENTED IF YOU DIDN'T HAVE STEP INCREASES,
HE FELT IT WOULD HAVE TO BE DONE ALL AT ONCE. HE NOTED THAT FOR BUD-
GETARY PURPOSES, THEN THE BOARD WOULDN`T BE CONCERNED AT THAT POINT AS
TO EXACTLY WHERE THE MONEY WAS ALLOCATED AND COULD JUST ALLOCATE SO MUCH
MONEY TO A DEPARTMENT FOR SALARIES.
SIR. PELLEGRINO STATED THAT COULD BE DONE OR A CERTAIN AMOUNT
OF THE POT COULD BE ALLOCATED FOR ANNIVERSARY INCREASES. HE BELIEVED
IT WOULD FALL WITHIN THE REALM OF 5% FOR MERIT INCREASES AS THAT IS
A STANDARD TYPE CONSIDERATION.
COMMISSIONER SIEBERT NOTED THAT BESIDES MERIT INCREASES, YOU
HAVE TO ADJUST THE WHOLE SALARY RANGE FOR COST OF LIVING AND, IN ADDITION,
YOU MUST TAKE INTO CONSIDERATION THE COMPETITIVE JOB MARKET.
' PAIR. PELLEGRINO DID NOT FEEL THE SALARY RANGES WOULD HAVE TO BE
ADJUSTED EVERY YEAR,
COMMISSIONER SIEBERT AGREED THAT NORMALLY THE RANGES WOULD
NOT HAVE TO BE CHANGED THAT FREQUENTLY, BUT WITH TODAY�S INFLATION RATE,
HE FELT IT WOULD BE NEEDED QUITE FREQUENTLY.
MR. PELLEGRINO FELT THAT YOU WOULD HAVE TO LOOK AT THE MINIMUMS
.`� AND THE MAXIMUMS, BUT NOT THIS OCTOBER. HE STATED THAT -THEIR EXPERIENCE
IS THAT YOU -HAVE TO ADJUST YOUR RANGES ABOUT EVERY TWO TO TWO AND A HALF
YEARS, AND THEIR RECOMMENDATIONS SHOULD BE VALID FOR A COUPLE OF YEARS.
COMMISSIONER SIEBERT NOTED THAT THE BOARD WOULD HAVE TO CON-
SIDER THIS AT THIS TIME OF YEAR TO BE READY FOR BUDGET SESSIONS. HE
CONTINUED THAT IF WE -ACCEPT THIS REPORT, WHEN A DEPARTMENT HEAD PREPARES
46
BOOK PAGE 400
APR 4 1979
HIS BUDGET, HE SHOULD DO IT ON THE BASIS OF THE RECOMMENDED SALARY
RANGES, TAKING INTO CONSIDERATION THE DIFFERENT PERCENTAGES FOR LENGTH
OF TIME ON THE JOB, AND HE PROBABLY SHOULDNIT BE LOOKING AT MORE THAN A
5% MERIT INCREASE FOR ANY ONE INDIVIDUAL AND SOME SHOULD PROBABLY FALL
BELOW THAT. COMMISSIONER $IEBERT CONCLUDED THAT WHAT WE ARE TALKING
ABOUT IS $40,000 ON AN ANNUAL BASIS TO BRING EVERYONE UP TO RECOMMENDED
MINIMUMS, PLUS THE POSSIBILITY OF AN ADDITIONAL 5%.
MR. PELLEGRINO STATED THAT THIS IS WHERE THE FLEXIBILITY COMES
IN, WITHOUT THE STEP INCREASES. YOU HAVE ONLY SO MANY DOLLARS TO DEAL
WITH, AND IF YOU WISH TO ACCENTUATE THE COST OF LIVING, FOR INSTANCE,
YOU CAN TAKE A HYPOTHETICAL 7o AND ALLOCATE 3% FOR COST OF LIVING AND
4% FOR MERIT OR VICE VERSA. THAT'S WHERE THE LUXURY OF HAVING AN OPEN
RANGE COMES IN.
COMMISSIONER $IEBERT INQUIRED WHETHER A POSSIBLE GRANT TO PAY
FOR THIS STUDY HAS BEEN APPLIED FOR, AND MR. PELLEGRINO STATED THAT IT
HAS.
COMMISSIONER $IEBERT THEN ASKED ABOUT THE PROCEDURE TO APPROVE
PROMOTIONS OR MERIT INCREASES.
MR. PELLEGRINO STATED THAT HE WOULD FEEL THE COUNTY ADMINIS-
TRATOR WOULD GIVE APPROVAL BASED ON RECOMMENDATIONS OF A DEPARTMENT HEAD,
AND THEN THE .ADMINISTRATOR WOULD RECOMMEND THE TOTAL PACKAGE TO THE
BOARD. IN REGARD TO RECLASSIFICATION, HE NOTED THAT CAN USUALLY BE
• TAKEN CARE OF THROUGH ATTRITION.
COMMISSIONER $IEBERT NOTED THAT IN THE CASE OF A CONSTITUTIONAL
OFFICER, THEY WOULD BE LIMITED BY THEIR BUDGET RESTRICTIONS. HE ASKED
ABOUT SALARIED PEOPLE.
MR. PELLEGRINO STATED THAT THEY, T00, WOULD BE PAID WHAT THEY
.ARE MAKING NOW AND SLOTTED INTO THE PLAN.
COMMISSIONER $IEBERT REMARKED THAT THE REPORT SHOWS THAT MOST
OF THE SALARIED PEOPLE ARE BEING UNDERPAID, AND NO ONE WAS OVERPAID.
HE ASKED IF THEY ARE BEING UNDERPAID ON THE BASIS OF A 40 HOUR WEEK.
MR. PELLEGRINO STATED THAT THEY ARE BEING UNDERPAID BASED ON
A 37-1/2 HOUR WEEK, AND THE PROPOSED PAY RANGE IS BASED ON A 37-1/2
HOUR WEEK.
47
BOOK 39 PAGE 401
APR 4 1979
1
COMMISSIONER SIEBERT THEN DISCUSSED THOSE EXEMPT AND NON-
EXEMPT FROM BEING PAID FOR OVERTIME.
MR. PELLEGRINO EXPLAINED THAT THEY TRIED TO DELINEATE WHAT
POSITIONS SHOULD RECEIVE OVERTIME PAY. 'A" DESIGNATES THOSE WHO ARE
NON-EXEMPT AND SHOULD RECEIVE OVERTIME AND "B" DESIGNATES THOSE EXEMPT
FROM RECEIVING OVERTIME.
CHAIRMAN WODTKE STATED THAT YOU HAVE BASICALLY A SITUATION
WHERE EVERYONE HAS AN AUTOMATIC 5% INCREASE IN SALARY EACH YEAR AND
THEN YOU TALK•ABOUT COST OF LIVING. IN PRACTICALITY, YOU CANNOT DO
ALL THOSE THINGS SO IF, FOR INSTANCE, THE BOARD AUTHORIZED 7%, YOU COULD
END UP ONLY GETTING A 2% COST OF LIVING RAISE.
COMMISSIONER SIEBERT STATED THAT HE FELT THE PLAN ELIMINATES
THIS, BUT THE CHAIRMAN STATED THAT HE THOUGHT MR. PELLEGRINO INDICATED
YOU GET 5% AND THEN GET COST OF LIVING.
MR. PELLEGRINO EXPLAINED THAT YOU WOULD FIRST OF ALL HAVE TO
CONSIDER YOUR FINANCIAL SITUATION AND DECIDE HOW MUCH YOU CAN SPEND FOR
INCREASING WAGES. THEN YOU MAY HAVE TO CONSIDER EITHER A COMBINATION
OF MERIT AND COST OF LIVING OR SIMPLY COST OF LIVING. HOPEFULLY, THERE
IS GOING TO BE A TIME WHEN COST OF LIVING WILL SLOW DOWN. HE REITERATED
THAT HE FEELS THIS PARTICULAR TYPE OF SYSTEM GIVES YOU GREATER FLEXI-
BILITY BECAUSE IF YOU HAVE INCREMENTS, YOU ARE HUNG UP ON AUTOMATIC
RAISES. HE FELT PEOPLE SHOULD EARN AN INCREASE THROUGH SOME TYPE OF
PRODUCTIVITY AND NOT JUST BECAUSE THEY HAVE BEEN HERE A CERTAIN NUMBER
OF YEARS. HE CONTINUED THAT OF YOUR TOTAL MONIES, PROBABLY THE MAJORITY
WOULD BE FOR COST OF LIVING, BUT TO TAKE CARE OF THE PEOPLE WHO TRULY
MERIT IT, A MERIT RAISE MAY BE A GOOD INCENTIVE. HE FELT YOU MUST REALLY
PRODUCE TO GET A MERIT RAISE.
CHAIRMAN WODTKE FELT WE HAVE NEVER HAD A DEPARTMENT'HEAD WHO
WOULD NOT TREAT EVERYBODY EQUALLY SO WE ALWAYS END UP RIGHT BACK IN THE
SAME POSITION.
DISCUSSION CONTINUED ON THE PROBLEMS INVOLVED.
CHAIRMAN WODTKE ASKED IF MR. PELLEGRINO FELT WE COULD LIVE
WITHIN THE SUGGESTED RANGES FOR A PERIOD OF TWO TO THREE YEARS AND
BASICALLY COULD ADDRESS.MERIT AND COST OF LIVING IN ONE FIGURE.
APR 4 1979
BOOK 39 PAGE 40Z
MR. PELLEGRINO AGREED. HE FELT THERE COULD BE MORE FOR MERIT
SOMETIMES DEPENDING ON A GOOD PROGRAM OF PERFORMANCE EVALUATION.
CHAIRMAN WODTKE THEN DISCUSSED THE APPROACH OF AN INCREASE
BEING MADE NOT ON A PERCENTAGE BASIS, BUT ON A DOLLAR BASIS ACROSS THE
LINE, SO THAT EMPLOYEES WOULD BE RAISED EQUAL AMOUNT OF DOLLARS;.WHICH
HE FELT ELIMINATES THE PROBLEM OF THOSE WITH HIGHER SALARIES GETTING
HIGHER INCREASES PROPORTIONATELY. •
MR. PELLEGRINO STATED THAT HE UNDERSTANDS THIS HAS BEEN DONE
IN QUITE A FEW PLACES, BUT THERE ARE SOME PROBLEMS. HE NOTED THAT WHEN
YOU START GIVING FLAT AMOUNTS, YOU ARE, IN EFFECT, SHRINKING YOUR BASE
AND HE DID NOT FEEL THIS CAN BE DONE ON A CONTINUOUS BASIS.
COMMISSIONER SIEBERT NOTED THAT IF YOU OPERATE ON A MINIMUM-
i
MAXIMUM RANGE, A PERSON CAN ONLY GO SO FAR. YOU ADJUST THE RANGES
PERIODICALLY. HE FELT THE PERCENTAGE APPROACH IS BETTER,
COMMISSIONER SIEBERT THEN DISCUSSED THE POSSIBILITY OF EARNING
OVERTIME ON A DAILY BASIS, RATHER THAN A WEEKLY BASIS, AND MR. PELLEGRINO
STATED THAT IT IS BASED ON THE NUMBER OF HOURS WORKED IN A WEEK.
COMMISSIONER SIEBERT NEXT DISCUSSED -COMPENSATORY TIME.
MR. PELLEGRINO STATED THAT IN THE SHORT RANGE APPROACH, COM-
PENSATORY TIME LOOKS VERY ATTRACTIVE BECAUSE YOUARE NOT REALLY ALLO-
CATING DOLLARS AS YOU WOULD IN OVERTIME, BUT IN ACTUALITY, IT USUALLY
GETS OUT OF HAND. PERSONS BUILD THIS TIME UP AND UP, AND CAN BUILD IT
UP FROM A LOW PAY GRADE AND TAKE IT AT A HIGHER PAY GRADE. HE FELT
COMPENSATORY TIME SHOULD BE USED SPARINGLY.
COMMISSIONER SIEBERT AGREED THAT IT IS UNMANAGEABLE.
CHAIRMAN WODTKE NOTED THAT THE BOARD HAS NOT SEEN THE REPORT
DONE ON THE CLERKS OFFICE AND THE OTHER CONSTITUTIONAL OFFICERS AND
ASKED IF THE CLASSIFICATIONS ARE SIMILAR.
MR. PELLEGRINO STATED THAT IF THERE ARE COMMON CLASSIFICATIONS,
THEY WOULD BE THE SAME. THERE ARE SOME PARTICULAR POSITIONS THAT ARE
DIFFERENT BASICALLY BECAUSE OF THE NATURE OF THEIR WORK - SUCH AS VOTING
MACHINE TECHNICIANS, ETC.
49
APR 4 1979
BOOK 39 PAGE 403
I
0
COMMISSIONER SIEBERT NOTED THAT THE $20,000 FIGURE FOR SIX
MONTHS DOES NOT TAKE INTO CONSIDERATION BENEFITS, BUT IS STRICTLY CASH
DOLLARS, AND MR. PELLEGRINO AGREED,
COMMISSIONER SIEBERT COMMENTED THAT HE WAS SURPRISED TO FIND
THAT THE SURVEY SHOWED THAT EVERYBODY WAS RELATIVELY IN THE RIGHT
PERSPECTIVE TO EACH OTHER, REGARDLESS OF WHETHER IT WAS HIGH OR LOW.
MR. PELLEGRINO STATED THAT THE RELATIONSHIPS WERE PRETTY GOOD
AND THAT THERE WAS A FAIRLY GOOD PATTERN,
COMMISSIONER SIEBERT FELT THE BOARD WOULD HAVE TO IMPLEMENT
IN THE NEXT FISCAL YEAR; HE DID NOT BELIEVE IT COULD BE IMPLEMENTED NOW.
COMMISSIONER LOY NOTED THAT MR, PELLEGRINO.HAD INDICATED THAT
THE OTHER CONSTITUTIONAL OFFICERS HAVE RECEIVED COPIES OF THEIR REPORTS.
SHE STATED THAT SHE WOULD LIKE TO BE PROVIDED WITH A COPY OF EACH OF
THEIRS AND FELT THEY SHOULD HAVE A COPY OF THE BOARDS REPORT.
MR. PELLEGRINO STATED THAT WOULD BE DONE.
COMMISSIONER LYONS INQUIRED ABOUT THE AREA SURVEYED, AND MR.
PELLEGRINO STATED THAT THEY LOOKED AT THE VERO BEACH AREA AND AREAS TO
THE NORTH AND SOUTH (THE BREVARD COUNTY TO MARTIN COUNTY AREA.)
COMMISSIONER LYONS ASKED ABOUT GOVERNMENT JOBS, AND MR.
PELLEGRINO NOTED THAT WHEN YOU RECRUIT FOR A PLANNER, FOR INSTANCE, THEY
LOOK STATEWIDE. HE STATED THAT THEY PRETTY WELL KNOW WHERE YOU RECRUIT
FOR YOUR VARIOUS POSITIONS, AND NOTED THAT A ZONING INSPECTOR, FOR
• INSTANCE, WOULD MORE LIKELY BE LOCAL,
COMMISSIONER SIEBERT STATED THAT HE FELT THE REPORT IS VERY
GOOD AND IT WILL PROBABLY DO US FOR A YEAR, BUT IN HIS OPINION, THE KEY
TO ADOPTING SOMETHING LIKE THIS AND CARRYING IT FORWARD IS GOING TO BE
PROCEDURES.
MR. PELLEGRINO NOTED THAT BASICALLY THE RULES AND REGULATIONS
,` . GO INTO IT. HE FELT RIGHT NOW THERE IS PROBABLY ENOUGH TO ADMINISTER
A GOOD WAGE AND SALARY PLAN FROM WHAT WE HAVE RIGHT HERE.
COMMISSIONER SIEBERT STATED THAT THE MAINTENANCE OF THE PLAN IS WHAT
HE IS WORRIED ABOUT BECAUSE HE DOESN'T WANT TO HAVE TO HIRE CODY &
ASSOCIATES EVERY YEAR.
50
APR 4 1979
BOOK 39 PAGE 404
L _ J
MR. PELLEGRINO FELT THAT WITH A BASIC DOCUMENT SUCH AS THIS,
THE ADMINISTRATIVE STAFF COULD MAINTAIN IT THEMSELVES. HE STATED THAT
HE FELT THEIR MAIN PURPOSE IN DOING SUCH A STUDY IS TO LEND OBJECTIVITY
WHICH THEY CAN DO BECAUSE THEY ARE NOT CONCERNED WITH INDIVIDUAL SITU-
ATIONS AND ARE NOT PRESSURED IN ANY WAY.
THE BOARD THANKED HIM FOR HIS REPORT.
CHAIRMAN WODTKE ANNOUNCED.THAT ENGINEER BEINDORF IS NOW HERE
AND RESUMED DISCUSSION OF THE REVISED FRANCHISE AGREEMENTS AND EXPIRATION
OF THE MORATORIUM ON SEWER AND WATER FRANCHISES. HE COMMENTED THAT IT
HAD BEEN INDICATED THAT THE DER STANDARDS WERE ADEQUATE FOR QUALITY
STANDARDS. HE FURTHER NOTED THAT THE RULES AND REGULATIONS ARE THE SAME
AS THE CITY OF VERO BEACH SEWER AND WATER STANDARDS, INCLUDING TYPES OF
EQUIPMENT, QUALITY OF PIPE, ETC. THE CHAIRMAN QUESTIONED ENGINEER
BEINDORF ABOUT SETTING BASIC STANDARDS REGARDING MAINTENANCE OF SUFFICIENT
WATER PRESSURE FOR FIRE HYDRANTS. HE ASKED IF A 750 GALLONS PER MINUTE
MINIMUM REQUIREMENT WOULD BE VERY COSTLY FOR A SMALL PLANT OR WHETHER
THE CITY STANDARDS WOULD,ASSURE THAT WE WOULD GET THE SIZE OF LINE
NECESSARY SO THAT WHEN WE DO TAKE OVER WE WOULD BE ABLE TO PRODUCE THAT
-QUANTITY*OF WATER.
ENGINEER BEINDORF FELT THIS REQUIREMENT WOULD CREATE DIFFI-
CULTIES FOR A SMALL SYSTEM, BUT NOTED THAT THERE ARE PROVISIONS INCLUDED
IN THE FRANCHISE AGREEMENT ABOUT THE LINES BUILT BY THE FRANCHISEE
' HAViING TO MEET CERTAIN SIZE STANDARDS. HE FELT THE SYSTEMS WOULD HAVE
TO BE DESIGNED TO BE COMPATIBLE AND ADEQUATELY SIZED FOR DOMESTIC COM-
MERCIAL FIREPLUGS. HE NOTED THAT ATTORNEY COLLINS TOOK THE FRANCHISE
MOST RECENTLY PREPARED AND APPROVED BY THE BOARD AND ADDED MANY THINGS
TO IT WITH THE INTENT THAT IT BE USED AS A GUIDELINE. I
CHAIRMAN WODTKE ASKED IF ATTORNEY COLLINS COULD PREPARE A
`t DRAFT OF A PROPOSED FRANCHISE AS DISCUSSED TODAY FOR THE NEXT MEETING
OR IF HE WOULD PREFER TO ADDRESS IT AS AN APPLICATION IS MADE,
ATTORNEY COLLINS STATED THAT HE WOULD HAVE A DRAFT READY FOR
THE NEXT MEETING. HE FELT SURE AS EACH APPLICATION -IS MADE, THE BOARD
WILL ADDRESS THEIR INDIVIDUAL PROBLEMS, AND HE BELIEVED THERE WILL BE
A CONTINUAL UPDATING.
51
APR 4 1979
BOOK 39 PAGE 405
r.
COMMISSIONER SIEBERT REVIEWED THE WAYS SUGGESTED TO ASSURE
CONTINUED MAINTENANCE OF THE SYSTEMS - PERFORMANCE BOND, ESCROWING TAP -
ON FEES, ESCROWING FIRST FEES COLLECTED SO AS NOT.TO IMPACT FINANCING OF
A SYSTEM, ETC. HE ASKED IF THE BOARD COULD HAVE A RECOMMENDATION AS
TO A FRANCHISE FEE TO PAY FOR SUPERVISION OF THE FRANCHISE.
ENGINEER BEINDORF AGREED THAT WITH A NEW SYSTEM, MAINTENANCE
WOULD BE NIL FOR SOME PERIOD OF TIME. HE ALSO AGREED THAT ITIS NO GOOD
TO HAVE REGULATIONS IF YOU DON'T HAVE ANY CONTROLS.
COMMISSIONER LYONS COMMENTED THAT WE ARE UNDOUBTEDLY LOOKING
AT SOME SYSTEMS THAT WILL GO IN ON SIXTH AVENUE AND FELT WE SHOULD TAKE I-
j
A GOOD LOOK AT WHERE THE WELLS GO.
ENGINEER BEINDORF POINTED OUT THAT THE COUNTY MUST ISSUE A I
PERMIT BEFORE THE SYSTEM CAN BE BUILT SO THEY DO GET TO LOOK AT THE PLANS.
• j
HE FELT THAT fF THE BOARD WISHED TO REVIEW THE REPORTS SUBMITTED TO
THE DER, THEY WOULD BE GLAD TO REFER THEM BACK FOR INPUT FROM THE BOARD. I?
COMMISSIONER LOY NOTED THAT WE ARE AT THIS TIME TRYING TO KEEP
A TABULATION ON ALL THE WELLS IN THE COUNTY.
ENGINEER BEINDOR'F INFORMED THE BOARD THAT WHAT HE AND ATTORNEY
COLLINS MAINLY TRIED TO DO WAS STRENGTHEN THE FRANCHISE AGREEMENT AND
INCORPORATE A LOT OF THINGS WE HAD BEEN CONCERNEV ABOUT. HE STATED !
THAT THEY ARE NOT TRYING TO MAKE IT HARD ON THE FRANCHISE HOLDERS, BUT
WANT TO ENSURE GOOD SYSTEMS SO THE PEOPLE WON'T KEEP COMING TO THE BOARD
WITH COMPLAINTS.
COMMISSIONER LOY ASKED IF IT WOULD BE THE PROPER TIME TO GET
THE "AS BUILT" PLANS FROM THE FRANCHISE OPERATOR WHEN THEY ARE FINISHED
WITH CONSTRUCTION AND COME IN TO GET THEIR OFFICIAL PERMIT. SHE SUG-
GESTED WE MIGHT WITHHOLD THE PERMIT UNTIL WE DO OBTAIN THE "AS BUILT"
PLANS.
ENGINEER BEINDORF AGREED THAT THIS IS ONE WAY TO BE SURE OF
GETTING THE "AS BUILT" PLANS, HE STATED THE "AS BUILTS" SHOULD BE
FINISHED AT THAT TIME.
AFTER FURTHER DISCUSSION, THE BOARD AGREED TO LET THE MORA-
TORIUM EXPIRE.
52
BOOK 39 PAGE 406
APR 4 1979
L J
ATTORNEY COLLINS INFORMED THE BOARD THAT HE MET WITH A NUMBER
OF REPRESENTATIVES OF THE CITY OF VERO BEACH TO FORMULATE A CONTRACT
TO SUPPLY WATER TO THE 27 TAPS SOUTH OF THE -MOORINGS. THE ATTORNEY
NOTED THAT HE HAD A MAP PREPARED SHOWING THE EXISTING STRUCTURES, AND
IT TURNS OUT THAT THERE ARE 26 EXISTING STRUCTURES, ONE OF WHICH IS
SOUTH OF ROUND ISLAND PARK. IN PART OF THE DISCUSSION, IT WAS INDICATED
THAT THE 27TH TAP MIGHT BE ALLOCATED) OR PARK PURPOSES. HE COMMENTED
THAT THE CONTRACT CITY ATTORNEY PALMER HAS PREPARED AS AN INITIAL
WORKING DRAFT WAS WELL DONE, BUT IT WAS WORDED IN SUCH A FASHION THAT
THE COUNTY WOULD BE COMMITTING ITSELF IN REGARD TO THE CONFLICT BETWEEN
THE CITY AND THE COUNTY AS TO RESPONSIBILITY ON THE SOUTH BEACH FOR
WATER SERVICE. ATTORNEY COLLINS STATED THAT IT WAS FULLY ADMITTED ON
BOTH SIDES THAT THIS WAS INCLUDED IN SEVERAL OF THE PROVISIONS OF THE
CONTRACT AND COULD BE SO INTERPRETED IF WE WERE TO ACCEPT IT. OUR
POSITION WAS THAT WE COULDNIT ACCEPT THIS AND THAT WE WERE TRYING TO
CORRECT A SOCIAL PROBLEM, REALIZING THAT A CONFLICT EXISTED AND LEAVING
THAT CONFLICT FOR ANOTHER DAY. THE ATTORNEY CONTINUED THAT THE COSTS
OF RUNNING THE LINES WERE DISCUSSED AND WHAT THE COUNTY'S CONTRIBUTION
MIGHT BE. THERE WAS SOME DISCUSSION AS TO FORMULAS AND HOW INDIVIDUAL
RESIDENCES WOULD PAY FOR INSTALLATIONS. THE END RESULT OF THE MEETING
WAS THAT ENGINEER BEINDORF WOULD COME UP WITH SOME PRELIMINARY ENGINEERING
AS TO ANTICIPATED COSTS TO RUN A LINE DOWN SOUTH OF ROUND ISLAND THAT
' WOULD BE SUFFICIENT IN SIZE TO MEET THE WATER NEEDS OF THE EXISTING 27
POPULATION. THE COUNTY WOULD THEN REVIEW HIS REPORT AND DETERMINE IF
THEY WANTED THE LINE OVERSIZED. MR. BEINDORF WOULD NEXT PROVIDE A -BREAK-
DOWN OF THE INCREMENTAL COST INCREASE. ATTORNEY COLLINS EXPLAINED THAT
ONCE THE INITIAL COSTS HAVE BEEN ESTABLISHED, IT IS HIS INTENT TO HOLD
A MEETING WITH AS MANY OF THE RESIDENTS INVOLVED AS POSSIBLE TO EXPLAIN
�y OUR RECOMMENDATION AS TO FORMULA; LET THEM KNOW EXACTLY WHAT THE COSTS
WILL BE; AND DETERMINE IF THEY ARE STILL WILLING TO INCUR THE COSTS
NECESSARY TO BRING THE WATER. ATTORNEY COLLINS STATED THAT IT WAS MADE
CLEAR TO HIM THAT THE CITY OF VERO BEACH WAS NOT INTERESTED IN PROCEEDING
ANY FARTHER UNLESS THE SQUARING OFF OF CERTAIN.AREAS WAS ADDRESSED BY
BOTH PARTIES AND RESOLVED.
53
APR 4 1979
BOOK 39 PAGE 407
I
CHAIRMAN WODTKE ASKED WHAT THAT HAS TO DO WITH THE WATER ON
SOUTH BEACH.
ATTORNEY COLLINS INFORMED THE BOARD THAT THEY ASKED THAT
QUESTION AND WERE ANSWERED POINT BLANK BY CITY REPRESENTATIVES THAT IT
HAD A GREAT DEAL TO DO WITH OBTAINING WATER FOR THE SOUTH BEACH. THEY
CLEARLY INTENDED THAT THE SQUARING OFF WOULD BE RESOLVED BEFORE ANY
FORMAL CONTRACTS WOULD BE ENTERED INTO. •
COMMISSIONER LYONS REMARKED THAT WHEN HE WORKED WITH ATTORNEY
COLLINS BEFORE ON THE INDIAN RIVER SHORES PROBLEM, IT WAS MADE QUITE
OBVIOUS THAT THIS UNFINISHED BUSINESS ABOUT SQUARING OFF IS A BOTHER-
SOME THING. HE STATED THAT HE WOULD LIKE TO SEE IF WE CAN'T GET IT
RESOLVED AND OUT OF THE WAY SINCE HE BELIEVED WE ARE FAIRLY CLOSE AND
THAT IT IS MAINLY A MATTER OF HAVING SOME CONTROL ON OUR COST RESPONSI-
BILITIES AT A LATER DATE,
ATTORNEY COLLINS AGREED THAT IT IS A MATTER THAT NEEDS TO BE
WORKED ON, AND STATED IF IT IS ALL RIGHT WITH THE BOARD, HE AND COMMIS-
SIONER LYONS WILL TRY TO GET IT RESOLVED. THE BOARD HAD NO OBJECTIONS.
THE ATTORNEY THEN ASKED ENGINEER BEINDORF FOR•HIS COMMENTS IN REGARD
TO GETTING WATER SOUTH OF THE MOORINGS.
ENGINEER BEINDORF STATED THAT HE WAS WAITING THROUGH TODAY TO
GET STARTED ON COSTS. HE NOTED THAT HE HAS NOT BEEN OFFICIALLY AUTHO-
RIZED, BUT WAS UNDER THE IMPRESSION THAT WAS WHAT THE BOARD WANTED.
ATTORNEY COLLINS NOTED THAT THE WORK ENGINEER BEINDORF IS
DOING RIGHT NOW IS BEING PAID FOR BY THE RESIDENCES SOUTH OF THE
MOORINGS, AND THE BOARD IS NOT AUTHORIZING COUNTY FUNDS FOR THIS. HE
ASKED IF THE BOARD IS INTERESTED IN PROVIDING WATER FOR THE ONE EXTRA
TAP TO THE PARK.
AFTER SOME DISCUSSION, THE BOARD AGREED THAT THEY WERE.
THE ATTORNEY ASKED FOR COMMENTS FROM HEPBURN WALKER, A PROPERTY
OWNER OF THE SOUTH BEACH AREA.
MR. WALKER INFORMED THE BOARD THAT HE HAS BEEN COLLECTING MONEY
FROM THE RESIDENTS INVOLVED. HE HAS COLLECTED FROM 18 PEOPLE SO FAR,
54
APR 4 1979
BOOK 39 FA.cE 408
AND EXPECTS ANOTHER FOUR CHECKS IN THE MAIL SO THEY ARE GETTING PRETTY
CLOSE TO 100% PARTICIPATION FOR THE ENGINEERING PART.
ATTORNEY COLL-INS INSTRUCTED THE FINANCE OFFICER TO ACCEPT ONLY
THE CHECKS FOR $200, AND NOT ANY CONDITIONAL LETTERS THAT MIGHT ACCOM-
PANY THEM. HE INFORMED THE BOARD THAT HE AND MR. WALKER WILL COMPOSE A
LETTER TO THE PROPERTY OWNERS WHICH WILL CONSTITUTE AN AGREEMENT BETWEEN
THE PROPERTY OWNERS AND MR. BEINDORF AND ALLOCATE THEIR DEPOSITS FOR
PURPOSES OF ENGINEERING. THIS IS THE STATUS'OF GETTING THE WATER TO
THE EXISTING RESIDENCES SOUTH OF THE MOORINGS AT THIS TIME.
COMMUNITY DEVELOPMENT DIRECTOR ED REGAN CAME BEFORE THE BOARD
AND NOTED THAT A LETTER HAS BEEN RECEIVED FROM THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT WHICH EFFECTIVELY SAYS WE HAVE BEEN DENIED PER-
MISSION TO APPLY FOR A GRANT FOR 1979. HE CONTINUED THAT OF THE 25
APPLICANTS FOR THE NON -METROPOLITAN CATEGORY, INDIAN RIVER COUNTY RANKED
TWELFTH. THERE IS AN INDICATION THAT WE WERE AFFECTED BY OUR LACK OF
HOUSING. MR. REGAN FELT THAT IF HUD WERE TO CONSIDER WHAT WAS HAPPENING
IN THE FIELD, THERE IS NO QUESTION THAT WE SHOULD HAVE RANKED HIGHER.
HE STATED THAT INDIAN RIVER COUNTY HAD TAKEN THE POSITION THAT THEY WERE
ELIMINATING DEFICIENCIES RELATIVE TO LOW AND MODERATE INCOME PUBLIC
FACILITIES. HUD's CATEGORY OF RATING WAS THAT THE FACILITIES WERE
MODERATELY ADDRESSED, AND WE LOST*50 POINTS BECAUSE OF THIS. MR. REGAN
WAS OF THE OPINION THAT OUR FIELD SITUATION DOES NOT ADDRESS ITSELF TO
MODERATE CONDITIONS. HE STATED PICTURES OF GEOFFREY'S SUBDIVISION WERE
SUBMITTED AND NOTED WE HAVE $50,000 OF FINISHED ROADS THERE. WE ALSO
HAD PUT IN LINES IN ANTICIPATION OF THE COUNTY RUNNING THE MAIN SEWER
AND WATER SYSTEM LINE,OVER. HE NOTED THAT A CONSIDERABLE AMOUNT OF MONEY
WAS SAVED BY PUTTING IN THESE LINES BEFORE THE ROADS WERE COMPLETED SO
THEY WOULD NOT HAVE TO BE DUG UP AGAIN. HE CONTINUED THAT THE SAME
THING OCCURRED WHEN WE TOOK THE POSITION THAT OUR ACTIVITIES ACTUALLY
RESOLVE A SERIOUS THREAT TO LOW AND MODERATE INCOME PERSONS. THEY
CONTENDED THAT OUR ACTIVITIES PARTIALLY RESOLVE THIS, AND WE AGAIN LOST
50 POINTS. MR.-REGAN NOTED THAT IF THE RATING COMMITTEE HAD TAKEN A
MORE REALISTIC VIEW, THEY WOULD HAVE CONSIDERED THE WATER SUPPLY TANKS
BOOK 39 PAGE 409
APR 4 1979
l
N
IN THE AREA WHICH ARE ADJACENT TO SEPTIC TANKS, ETC., WHICH HE FELT IS
A SERIOUS THREAT TO THE.HEALTH OF THE PEOPLE IN THE AREA. HE NOTED IF
WE HAD BEEN ALLOWED THE 50 POINTS TAKEN AWAY IN EITHER OF THESE CATE-
GORIES, WE WOULD HAVE QUALIFIED,AND IF WE HAD GOTTEN BOTH, WE- WOULD HAVE
BEEN TOP SCORER. MR. REGAN INFORMED THE BOARD THAT THREE DIFFERENT
COMMITTEES MADE THESE DECISIONS, ONLY ONE OF WHICH HAD OUR FIELD REPRE-
SENTATIVE ON IT. HE NOTED THAT IT IS, HOWEVER, THE JOB OF THESE COM-
MITTEES TO DISQUALIFY A NUMBER OF GOOD PROPOSALS AND ALLOT WHAT MONIES
WERE AVAILABLE. HE INFORMED THE BOARD THAT WE HAVE THE OPPORTUNITY TO
REAPPLY IN THE SUMMER OF 1979, AND THEY DID INDICATE THE PROJECT AREA
WAS A GOOD ONE AND WORTHY OF REAPPLICATION. WE WERE INFORMED THAT IF
WE HAD QUESTIONS. OR DOUBTS OR WOULD LIKE TO KNOW HOW THEY ARRIVED AT
THEIR SCORING PROCEDURE, THEY WOULD DISCUSS IT WITH US. HE SUGGESTED
TO THE BOARD THAT THERE IS A NEED FOR REVIEW OF THE HUD EVALUATION OF
THE SCORING, HE DID NOT FEEL WE ARE GOING TO SHAKE THEM FROM THEIR
POSITION, BUT WOULD LIKE TO MAKE THEM MORE SERIOUSLY CONSIDER OUR NEXT
APPLICATION. MR. REGAN STATED THAT HE WOULD LIKE'TO HAVE THE CHAIRMAN
OF THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, COMMISSIONER LYONS,
GO WITH HIM TO GO OVER THIS WITH HUD AND TO LET THEM KNOW THAT WE DO NOT
TAKE THIS CASUALLY,
CHAIRMAN WODTKE COMMENTED THAT IT APPEARS ALL THE FUNDING WENT
TO CITIES.
MR. REGAN CONFIRMED THAT WAS TRUE AND THAT ONLY ONE COUNTY
HAD EVEN A BACK-UP POSITION. HE COMMENTED THAT THEY FOUND IN THEIR STUDY
LAST TIME THAT COUNTIES HAVE BEEN VERY POORLY HANDLED. HE DID NOT -FEEL
THAT IS WHERE WE LOST OUT, HOWEVER, BUT THAT HOUSING MAY HAVE BEEN A
FACTOR. UNDER PERFORMANCE IN HOUSING, WE GOT 25 POINTS AND THE FIVE THAT
GOT FUNDE-D HAD AN AVERAGE SCORE OF 35. HE NOTED THAT THE BIGGEST AREA
WAS PROGRAM PERFORMANCE, PARTICULARLY AS IT RELATES TO PUBLIC UTILITY
FACILITIES, AND THAT IS WHERE HE FELT WE WERE SUBSTANTIALLY UNDERRATED.
COMMISSIONER LYONS STATED THAT IF MR. REGAN FELT IT WOULD HELP,
HE WOULD GO WITH HIM TO REVIEW THIS WITH HUD.
56
BOOK 30 PAGE 410
APR 4 1979
L
I
COMMISSIONER LOY FELT THAT IT WILL HELP AND WOULD SHOW WE ARE
GENUINELY INTERESTED.
ON MOTION BY.COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR COMMUNITY
DEVELOPMENT DIRECTOR REGAN AND COMMISSIONER LYONS TOGO TO .JACKSONVILLE
TO MEET WITH HUD OFFICIALS.
COMMISSIONER LYONS REPORTED THAT .JUDY TRUETT OF THE DEPARTMENT
OF COMMUNITY AFFAIRS HAS TALKED TO HIM ABOUT RURAL HOUSING LAND ACQUISI-
TION.
COMMUNITY DEVELOPMENT DIRECTOR REGAN AGREED THERE ARE MANY
WAYS TO PROMOTE HOUSING)AND THIS METHOD USES GOVERNMENT AND ITS "GOOD
OFFICES" AS A TOOL. HE STATED THAT IN PROPOSING THIS PROGRAM, WE WOULD
NOT BE EXCLUDING ANY OTHER TYPE HOUSING PROGRAM. MR. REGAN INFORMED THE
BOARD THAT A 'BROKER CAME TO HIM THE OTHER DAY WHO WANTED TO BUILD A LOW
COST HOUSING PROJECT FROM THE STANDPOINT OF HAVING TAX ADVANTAGES. HE
WOULD BUY HIS OWN LAND AND DO THE WHOLE PROJECT, BUT NEEDED SOME "HAND-
HOLDING" WHEN IT WENT THROUGH FMHA. MR. REGAN NOTED THAT THE COMMISSION
ALREADY HAS DECLARED ITSELF A HOUSING AGENCY. HE WANTED TO MAKE IT CLEAR
THAT HE WOULD NOT RECOMMEND EXCLUDING ANY METHOD THAT CAN PRODUCE LOW
COST HOUSING AND WOULD LIKE THE BOARD'S AUTHORITY.TO HELP ANYONE WHO
COULD DO SO WITHIN THE PROPER BOUNDARIES.
MR. REGAN WENT ON TO EXPLAIN THAT UNDER THE RURAL HOUSING LAND
ACQUISITION AND SITE DEVELOPMENT TRUST FUND, YOU CAN GO TO THE DEPARTMENT
OF COMMUNITY AFFAIRS AND BORROW IN MULTIPLES OF $200,000. HE STATED
THAT THEY HAVE $600,000 AVAILABLE RIGHT NOW FOR THE ENTIRE STATE, AND HE
HAS BEEN GIVEN TO UNDERSTAND THAT IF WE DID COME IN FOR TWO MULTIPLES,
THEY WOULD RESERVE $400,000 FOR US, AND THEN WE WOULD MAKE MORE FORMAL
APPLICATION IN A PERIOD OF NOT MORE THAN 90 DAYS. MR. REGAN FELT THIS
ti IS A WORTHWHILE PROGRAM BECAUSE LAND CAN BE CHOSEN FOR PURCHASE THAT
WOULD GIVE MORE DEVELOPMENT OPPORTUNITIES FOR THE LEAST COST, I.E., YOU
CAN GO TO THE MARKET PLACE AND.THE PRICE'OF THE LAND CAN BE LOCKED INTO
CURRENT PRICES. ALSO, A RESERVATION OF WATER TAPS CAN BE MADE. WE NOW
HAVE WATER IN THE AREA AND UNLESS WE EARMARK SOME OF THIS FOR LOW INCOME
57
BOOK 39 PAGE 411
ri
I
O
FAMILIES, IT MIGHT NOT BE AVAILABLE. THIS LAND COULD LATER BE TRANS-
FERRED OR SOLD TO A HOUSING AUTHORITY, IF THE COMMISSION SO DESIRED. HE
POINTED OUT THAT THE COUNTY, IN ITS HOUSING AGENCY FUNCTION, CAN
ENCOURAGE OPTIMUM HOUSING AT LOW COST. MR. REGAN EXPLAINED THAT UNDER
THE RURAL HOUSING LAND ACQUISITION PROGRAM, THE COUNTY WOULD OWN.THE
LAND AND, THEREFORE, COULD ASK THE DEVELOPER TO ADHERE TO CERTAIN DESIGN
AND CONSTRUCTION CRITERIA; DELINEATE WHAT CAN BE CHARGED AGAINST IT FOR
DEVELOPMENT OF THE LAND; AND COULD DECIDE AT WHAT PRICE THE LAND COULD
BE SOLD,
COMMISSIONER LYONS NOTED THAT YOU CAN SELL PARCELS OF THE LAND
AND RECOVER EVERYTHING INCLUDING THE INTEREST.
CHAIRMAN WODTKE COMMENTED THAT WE HAVE TO PAY THE MONEY BACK
IN THREE YEARS.
PSR. REGAN MENTIONED THAT IN THE EVENT THIS PROJECT DID NOT
SUCCEED, YOU MIGHT HAVE TO DEED IT BACK TO HUD, BUT HE DOUBTED THIS WOULD
HAPPEN.
COMMISSIONER LYONS POINTED OUT THAT SUBSIDIES CAN BE USED FROM
FMHA TO MAKE THIS HOUSING AVAILABLE TO A WIDE VARIETY OF INCOME GROUPS.
SIR. REGAN FELT THAT THERE ARE MANY INCENTIVE THINGS THAN CAN
BE DONE THAT WE CAN LEARN ALONG THE WAY. HE CONTINUED THAT WE NEED A
LETTER FROM A FINANCIAL INSTITUTION STATING THAT WE CANNOT OBTAIN THIS
$400,000 AT 3% AND ALSO A LETTER FROM FMHA CONCURRING WITH THE NEED IN
INDIAN RIVER COUNTY AND RELATING THE AVAILABILITY OF FUNDS.
COMMISSIONER SIEBERT INFORMED THE BOARD THAT RIGHT NOW ALL
WE ARE ASKING FOR IS CONSIDERATION OF OUR APPLICATION AND RESERVATION
OF FUNDS.
MR. REGAN POINTED OUT THAT IF THE COMMISSION DECIDED TO BACK
OFF FOR ANY REASON, WE WOULD NOT HAVE TO AVAIL OURSELVES OF THE RESERVA-
TION.
CHAIRMAN WODTKE DISCUSSED WHETHER A HOUSING AUTHORITY WOULD
BE THE PROPER PLACE FOR SOMETHING LIKE THIS, AND COMMISSIONER LYONS
POINTED OUT THAT YOU DON T NEED A HOUSING AUTHORITY TO GO.INTO THIS
PROGRAM.
APR 4 1979
BOOK 39 PAGE 411
I
CHAIRMAN WODTKE AGREED, BUT FELT IF WE SHOULD HAVE A HOUSING
AUTHORITY, IT WOULD BE THE PROPER PLACE FOR SUCH A PROGRAM.
COMMISSIONER SIEBERT INFORMED THE BOARD THAT ONCE YOU RESERVE
THESE FUNDS, THEY ARE ENCUMBERED, BUT EMPHASIZED THAT THIS PROGRAM
EXPIRES JUNE 301 1979.
CHAIRMAN WODTKE ASKED WHEN YOU START PAYING THE INTEREST, AND
MR. REGAN ANSWERED THAT YOU DONT PAY THE INTEREST UNTIL YOU SELL THE
PROPERTY. HE BELIEVED THE DEPARTMENT OF COMMUNITY AFFAIRS WILL JUST
ENCUMBER THE"FUNDS AND HOLD THEM. HE FELT THE INTENT IS TO SEE THAT
THE COMMISSION BRINGS ABOUT SOME SORT OF ACTION WITHIN THREE YEARS,
THEY DONT WANT THE MONEY TO SIT THERE FOR AN INDEFINITE PERIOD.
ATTORNEY COLLINS STATED THAT WHEN YOU.SELL THE PROPERTY, YOU
SELL IT FOR CASH; THEN YOU PAY OFF THE LOAN.
COMMISSIONER SIEBERT NOTED IF YOU SOLD IT TO A HOUSING AU-
THORITY, THEY WOULD HAVE TO PAY IT BACK WITHIN THREE YEARS.
CHAIRMAN WODTKE ASKED IF YOU SPEND $400,000 FOR THE LAND AND
SPEND ADDITIONAL MONEY TO DEVELOP THE ROADS, ETC., HOW YOU CAN AFFORD
TO KEEP THE PRICE LOW ENOUGH FOR LOW COST HOUSING.
MR. REGAN EXPLAINED THAT THE DEVELOPER SAVES MONEY BECAUSE HE
CAN T GET THE 3% INTEREST RATE AND ALSO THE VALUE OF THE LAND WOULD
HAVE GONE UP IN THE MEANTIME.
COMMISSIONER LYONS POINTED OUT THAT THE DEVELOPER ALSO WOULD
HAVE A MARKET HE DID NOT HAVE BEFORE BECAUSE OF THE SUBSIDIZED HOUSING,
AND MR. REGAN AGREED THAT THIS MAKES BUYERS OUT OF PEOPLE WHO COULD
NEVER HAVE BEEN BUYERS OTHERWISE. WE ARE MAKING THE LAND AVAILAfl-LE FOR
OTHER FEDERAL PROGRAMS.
COMMISSIONER"SIEBERT COMMENTED THAT IF WE OWN THE LAND, WE
CAN CLEAR THE LAND, PUT IN THE ROADS, ETC., ON A NON—PROFIT BASIS AND
Y� ALSO CAN ESTABLISH DENSITIES AND OTHER CRITERIA.
COMMISSIONER LYONS FELT THE IMPROVED LAND COULD BE MADE AVAIL—
ABLE AT A MUCH LOWER COST THAN BY ANY OTHER MEANS,
COMMISSIONER DEESON ESTIMATED THAT AS MUCH AS.40% WOULD BE
SAVED ON THE INTEREST DIFFERENTIAL ALONE.
59
APR 4 1979
BOOK 39 PAGE 413
I
COMMISSIONER SIEBERT STATED THAT HE WAS INFORMED THAT IF THE
PROJECT SHOULDNIT WORK OUT, THE DEPARTMENT OF COMMUNITY AFFAIRS TAKES
TITLE TO THE PROPERTY AND THE OBLIGATION IS OVER,
SIR. REGAN DISCUSSED PROVISIONS UNDER THE STATUTE IN REGARD
TO THE DEPARTMENT OF COMMUNITY AFFAIRS TAKING BACK THE DEED.
ATTORNEY COLLINS STATED THAT IF THERE WAS A PROJECT THAT WAS
BOUGHT AT A REASONABLE PRICE AND IT WOULD HAVE UTILITIES, HE COULD NOT,
IN HIS WILDEST IMAGINATION, BELIEVE YOU WOULDNIT GET YOUR MONEY OUT OF
IT, AND HE WOULD NOT BE THAT CONCERNED.WITH THE POTENTIAL LIABILITY.
CHAIRMAN YIODTKE NOTED THAT THIS BASICALLY SETS OUT THAT
$200,000 IS FOR 50 HOMESITES, AND ASKED IF WE BORROW.$400,000, MUST WE
COME UP WITH 100 HOMESITES?
ISR. REGAN STATED THAT NUMBER IS JUST ILLUSTRATIVE. EACH
PROJECT, AS THE LAW IS WRITTEN, WOULD BE A CONTIGUOUS PROJECT OF $200,000,
EACH OF THEM SEPARATE, AND YOU WOULD SET UP YOUR OWN PROJECT.
CHAIRMAN WODTKE ASKED, IN THE HYPOTHETICAL INSTANCE THAT A
DEVELOPER HAD 40 ACRES OF LAND WHICH HE ALREADY OWNS, AND WOULD LIKE TO
DEVELOP THE LAND, BUT HE DOESN'T HAVE WATER, SEWER, ROADS, ETC., WHETHER
THE COUNTY COULD MAKE ARRANGEMENTS WITH HIM TO BUY THAT 40 ACRES, DO
THE IMPROVEMENTS, AND SELL IT BACK TO HIM.
MR. REGAN FELT WHEN THE COUNTY SELLS PROPERTY, IT HAS TO BE
PUT OUT FOR BID.
THE FINANCE DIRECTOR ASKED IF THE PROPERTY WOULD BE DIVIDED
DOWN TO THE LOT STAGE OR WOULD BE SOLD BY BLOCKS, AND IT WAS FELT IT
COULD BE DONE EITHER WAY,
COMMISSIONER LYONS DID NOT FEEL THE COUNTY COULD SELL THE
LAND FOR A PROFIT, BUT SHOULD ONLY GET OUT WHAT WAS PUT IN IT. COMMIS-
SIONER SIEBERT AGREED. COMMISSIONER LYONS ALSO FELT THAT WHEN THE LAND
IS SOLD, THE COUNTY MUST SPECIFY WHAT IS GOING TO BE DONE WITH IT.
ATTORNEY COLLINS NOTED THE LAND MUST BE PUT OUT FOR BID, BUT
ALL THIS CAN BE SPECIFIED.
COMMISSIONER LOY NOTED THAT THESE THINGS ARE VERY COMPLEX AND
THERE ARE MANY POSSIBILITIES. SHE BELIEVED THERE IS A STRONG POSSIBILITY
APR 4 1979
BOOK 39 ?AGE 414
I
WE CAN PUT SOMETHING TOGETHER THAT REPRESENTS GOOD OLD FREE ENTERPRISE
AND STILL ACCOMPLISH THE PURPOSE, SHE ASKED IF THE BOARD COULD SIT ON
THIS.MATTER A WHILE LONGER
COMMISSIONER LYONS WAS NOT. IN FAVOR OF DELAYING BECAUSE .JUNE
WILL BE UPON US VERY SHORTLY, BUT STATED HE WOULD BE WILLING TO HOLD IT
OVER TO THE NEXT MEETING.
MR. REGAN POINTED OUT THAT THIS WOULD GIVE THE COUNTY A FULCRUM
POINT AND A CONTROL POINT TO BE MOVING SOMETHING FORWARD. HE NOTED THAT
PRIVATE INDUSTRY KEEPS MOVING FORWARD ONLY AS LONG AS THERE IS A PROFIT,
BUT GOVERNMENT NEVER STOPS.
COMMISSIONER LYONS COMMENTED THAT PRIVATE INDUSTRY IS NOT GOING
TO BE ABLE TO GET AS LOW COST HOUSING AS WE CAN BECAUSE OF THE LAND COST.
COMMISSIONER SIEBERT AGREED THIS PROVIDES A VEHICLE FOR THE
DEVELOPER TO PRODUCE EVEN LOWER COSTS.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY.TABLED THE DISCUSSION ON RURAL HOUSING LAND
ACQUISITION UNTIL THE NEXT MEETING.
MR. REGAN FELT POSSIBLY A WORKSHOP MEETING SHOULD BE HELD,
AND IN FURTHER DISCUSSION, IT WAS AGREED THAT .JUDY TRUETT OF THE DEPART-
MENT OF COMMUNITY AFFAIRS SHOULD BE INVITED TO ATTEND A MEETING AND
GIVE THE BOARD ADDITIONAL INFORMATION.
ASSISTANT ADMINISTRATOR NEIL NELSON INFORMED THE BOARD THAT,
IN REVIEWING THE MINUTES, IT APPEARS A MOTION WAS MADE IN 1974 AGREEING
THAT THE COUNTY WOULD TAKE OVER MAINTENANCE OF THE HOSPITAL ACCESS ROAD
IF IT WAS BUILT TO COUNTY SPECIFICATIONS. HE STATED THAT THE TRAFFIC
LIGHT IS A PROBLEM AND FELT THAT IF WE TAKE OVER THE MAINTENANCE OF THE
ROAD, IT SHOULD BE WITH.THE STIPULATION THAT WE CAN MOVE THE LIGHT ONCE
BARBER AVENUE IS BUILT.
•,� COMMISSIONER LYONS COMMENTED THAT EVERYONE IS. KIDDING THEM-
SELVES IF THEY THINK THAT BARBER AVENUE WILL BE THE ACCESS ROAD. HE
FELT THAT BARBER AVENUE WILL JUST PROVIDE ACCESS TO INDIAN RIVER
BOULEVARD AND THE BEACH, AND THAT EVERYONE GOING NORTH WOULD CONTINUE
TO USE THE ACCESS ROAD UNLESS IT WERE CLOSED.
61
APR 4 1979
BOOK 39 PACE 415
I
u
u
CITY ENGINEER ROBERT LLOYD COMMENTED THAT PEOPLE COMING FROM
THE SOUTHEAST WILL PROBABLY USE INDIAN RIVER BOULEVARD TO BARBER AVENUE
TO GO TO THE HOSPITAL. HE WAS OF THE OPINION THAT THE LIGHT IS A
SEPARATE PROBLEM. HE NOTED THAT THE LIGHTS ARE ON U. S. 1; THAT*THEY ARE
THE COUNTY'S LIGHTS AND THE COUNTY HAS A PERFECT RIGHT TO MOVE THEM.
ASSLSTANT ADMINISTRATOR NELSON FELT WE NEED SOMETHING IN THE
MINUTES STATING THAT THE LIGHTS DO BELONG TO THE.000NTY AND THAT WE HAVE
THE RIGHT TO MOVE THEM WHEN BARBER AVENUE IS CONSTRUCTED. ENGINEER
LLOYD HAD NO OBJECTION TO THAT.
COMMISSIONER LOY FELT FOR THE SAFETY OF THE PUBLIC, THE
GENERAL PUBLIC SHOULD USE A STREET OTHER THAN THE PRESENT ACCESS ROAD
TO GET TO THE HOSPITAL UNLESS THEY ARE GOING TO THE EMERGENCY ROOM.
MR. LLOYD COMMENTED THAT PEOPLE WILL GO WHERE IT IS MORE
CONVENIENT FOR THEM, AND COMMISSIONER LYONS NOTED THAT THERE WILL BE
DEVELOPMENT ON BOTH SIDES OF THE ACCESS ROAD.
ENGINEER LLOYD POINTED OUT THAT IF THE LIGHTS WERE MOVED FROM
THE ACCESS ROAD TO BARBER AVENUE, PEOPLE WILL UNDOUBTEDLY TURN AT THE
LIGHT AS A MATTER OF CONVENIENCE.
COMMISSIONER LYONS AGREED AND FELT THAT TAKING THE SIGNAL
AWAY FROM THE ACCESS ROAD COULD ALSO SOLVE THE RIGHT TURN PROBLEM FOR
THE AMBULANCE SQUAD.
CHAIRMAN WODTKE ASKED, SINCE IT WOULD BE A COUNTY ROAD, IF
WE COULD CONTROL THE SPEED, AND ATTORNEY COLLINS STATED THAT WE COULD UP
UNTIL THE TIME THE CITY DECIDED TO ANNEX THE PROPERTY.
COMMISSIONER LOY ASKED IF THE ADMINISTRATOR HAD GIVEN HIS
APPROVAL OF ACCEPTING THE ROAD FOR MAINTENANCE, AND ASSISTANT ADMINIS-
TRATOR NELSON STATED THAT THAT ROAD IS BUILT TO COUNTY SPECIFICATIONS
AND THE ADMINISTRATOR HAS GIVEN HIS APPROVAL.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE DEDICATION OF THE ACCESS
ROAD TO INDIAN RIVER MEMORIAL HOSPITAL AND AUTHORIZED THE ADMINISTRATOR
TO SIGN THE PLAT.
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT HE HAD REFERRED
THE REQUEST OF THE HIGHWAY PATROL FOR AN EVALUATION OF THE INTERSECTION
62
six 9 PAGE 416
OF 20TH AVENUE AND 4TH STREET IN REGARD TO LOWERING OF THE SPEED AND
INSTALLING SPEED BUMPS TO THE SHERIFF'S DEPARTMENT,AND THEY MADE A
SURVEY. THEIR SURVEY INDICATES THE SPEED -LIMIT -SHOULD BE REDUCED, AND
ALSO THAT STRIPS SHOULD BE PLACED THERE,
COMMISSIONER LYONS ASKED IF THE REPORT DID NOT ALSO INDICATE
THAT A STOP LIGHT WOULD BE DESIRABLE INSTEAD OF THE STOP SIGNS.
MR. NELSON AGREED THAT IT DID, BUT FELT THAT REDUCING THE
SPEED AND PUTTING IN THE STRIPS SHOULD SOLVE THE PROBLEM.
DISCUSSION FOLLOWED, AND THE CHAIRMAN FELT THAT ONE OF THE
BASIC PROBLEMS IS THAT EVERY ROAD RUNNING EAST AND WEST THROUGH 20TH
AVENUE IS A THROUGH STREET EXCEPT AT 4TH STREET (CITRUS) WHERE THE EAST -
WEST ROAD BECOMES THE STOP STREET. HE FELT VERY STRONGLY THAT IN SOME
PARTICULAR AREAS, A TRAFFIC LIGHT IS NOT GOING TO SOLVE A WHOLE LOT OF
PROBLEMS AND STATED HE WOULD LIKE TO CONSIDER A FOUR-WAY STOP STREET.
COMMISSIONER LOY DISCUSSED EXCESSIVE TRAFFIC SPEEDS AND WAS
OF THE OPINION WE SHOULD DO SOMETHING DRASTIC AT THIS INTERSECTION -
POSSIBLY INSTALLING BOTH FOUR-WAY STOP SIGNS.AND'RUMBLE STRIPS.
ISR. NELSON COMMENTED THAT IT IS NOW A COUNTY ROAD AND WE CAN
DO THIS.
DISCUSSION CONTINUED AS TO THE DESIRABILITY OF FOUR-WAY STOP
STREETS.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON THAT, BASED ON THE REQUEST FROM THE FLORIDA HIGHWAY PATROL, THE
COUNTY INSTALL FOUR-WAY STOP SIGNS AT THE INTERSECTION OF 20TH AVENUE
AND 4TH STREET AND INSTALL RUMBLE STRIPS ON BOTH ROADS LEADING UP -TO
THIS INTERSECTION AS SOON AS POSSIBLE.
COMMISSIONER SIEBERT POINTED OUT THAT THE HIGHWAY PATROL MIGHT
NOT THINK THAT A FOUR-WAY STOP STREET IS THE PROPER ANSWER, AND THE
t BOARD AGREED THIS SHOULD BE CHECKED OUT.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
PERSONNEL DIRECTOR DONLON CAME BEFORE THE BOARD TO DISCUSS THE
HIRING OF A COUNTY PLANNING DIRECTOR TO REPLACE FORMER PLANNING & ZONING
63
wK 39 fAcAU
DIRECTOR REDICK. HE INFORMED THE BOARD THAT THEY HAVE RECEIVED 22
RESUMES SO FAR, BUT WILL WAIT UNTIL ADMINISTRATOR .JENNINGS RETURNS FROM
HIS VACATION TO SET UP FORMAL INTERVIEWS.
DISCUSSION FOLLOWED AS TO WHETHER THE ADMINISTRATOR DESIRES
ANY GUIDANCE FROM THE BOARD, AND COMMISSIONER Loy WAS OF THE OPINION HE
HAS ALREADY ASKED HOW THE BOARD WISHES HIM TO DO THIS. SHE FELT THE
BIG QUESTION IS WHETHER THE BOARD IS GOING TO HIRE THE PLANNER OR WHETHER
THEY WANT THE ADMINISTRATOR TO HIRE HIM.
COMMISSIONER SIEBERT COMMENTED THAT IT SEEMS WE ARE ALL WAITING
FOR SOMEBODY ELSE TO DO SOMETHING.
COMMISSIONER LYONS ASKED IF THE BOARD WISHED TO CONSIDER THE
POSSIBILITY OF GOING BACK INTO A JOINT PLANNING DEPARTMENT WITH THE CITY,
AND THE BOARD EMPHATICALLY DID NOT.
CHAIRMAN WODTKE SUGGESTED THAT WE COULD APPROACH THIS BY
HAVING THE ADMINISTRATOR DO THE INITIAL SCREENING DOWN TO A LEVEL THAT
HE FEELS ARE THE PRIMARY APPLICANTS AND THEN MAKE THOSE RESUMES AVAIL-
ABLE TO THE COMMISSIONERS FOR THEIR INDIVIDUAL COMMENTS. AFTER THAT,
INTERVIEWS COULD BE SET UP WITH FOUR OR FIVE OF THE APPLICANTS. HE
NOTED THIS WAS THE WAY IT WAS HANDLED BEFORE.
COMMISSIONER SIEBERT STATED THAT LAST TIME THE SCREENING WAS
DONE BY A MEMBER OF THE ZONING COMMISSION, A COMMISSIONER, AND THE
ADMINISTRATOR, WITH MR. DONLON SITTING IN.
ASSISTANT ADMINISTRATOR NELSON SUGGESTED THAT SINCE THE HIRING
OF THE NEW PLANNING DIRECTOR WILL COME UNDER THE ADMINISTRATORS RESPON-
SIBILITIES, THAT THE ADMINISTRATOR HIRE THE NEW DIRECTOR AND PRESENT
HIM TO THE BOARD FOR THEIR APPROVAL RATHER THAN SUBJECT THE BOARD TO
THE INTERVIEWING PROCESS WE WENT THROUGH LAST TIME. HE FELT THAT THE
ADMINISTRATOR, WITH THE HELP OF STAFF, COULD SCREEN THESE APPLICANTS,
CONDUCT INTERVIEWS, AND MAKE A RECOMMENDATION TO THE BOARD FOR THEIR
APPROVAL.
COMMISSIONER Loy STATED SHE HAD NO PROBLEM, AND COMMISSIONER
DEESON AGREED, NOTING THAT TIME IS OF THE ESSENCE.
64
APR 4 1979
_ Boa 39 PAGE418
r
J
I
ATTORNEY COLLINS ASKED IF IT IS THE BOARDS INTENT TO HAVE
ADMINISTRATOR .JENNINGS COME BACK TO THE BOARD FOR FURTHER GUIDANCE AFTER
HE RETURNS OR IS THE BOARD SAYING GO AHEAD.AND START THE SCREENING
PROCESS WITHOUT ANY FURTHER GUIDANCE.
COMMISSIONER DEESON STATED THAT HE WOULD LIKE THE BOARD TO TELL
THE ADMINISTRATOR TO PROCEED TO SCREEN AND HIRE.
ATTORNEY COLLINS ASKED PERSONNEL DIRECTOR DONLON IF HE FELT
THEY COULD START SCHEDULING INTERVIEWS BEFORE THE ADMINISTRATOR RETURNED
FROM HIS VACATION.
MR. DONLON AND MR, NELSON BOTH FELT THEY WOULD RATHER WAIT
UNTIL THE ADMINISTRATOR RETURNS, BUT BELIEVED THEY COULD DO SOME INITIAL
SCREENING.
COMMISSIONER SIEBERT DISCUSSED WHETHER WE ARE HIRING A PLANNING
(DIRECTOR OR A PLANNING & ZONING DIRECTOR. HE NOTED THAT THIS IS A VERY
IMPORTANT FUNCTION, AND THE BOARD AGREED.
COMMISSIONER LYONS COMMENTED THAT THIS MAN WOULD NOT REPORT
TO THE BOARD BUT TO THE ADMINISTRATOR, AND COMMISSIONER SIEBERT STATED
THAT HE JUST WISHED TO EMPHASIZE THAT WE ARE HIRING A PLANNING & ZONING
DIRECTOR.
COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO BE •IN THE
POSITION OF BEING ABLE TO TAKE A LOOK WHEN THE SELECTION IS MADE.
COMMISSIONER LOY FELT THAT THE ADMINISTRATOR WOULD PREFER TO
• HAVE SOMEONE FROM THE BOARD WORK WITH HIM, AND COMMISSIONER LYONS
COMMENTED THAT IF THAT WERE THE CASE, THE ADMINISTRATOR SHOULD REQUEST
IT.
CHAIRMAN WODTKE FELT IT WOULD BE IMPORTANT TO HAVE THE CHAIRMAN
OF THE PLANNING & ZONING COMMISSION INVOLVED IN MAKING THIS CHOICE, IF
THE ADMINISTRATOR FELT IT WAS NECESSARY.
COMMISSIONER LYONS AGREED THE ADMINISTRATOR SHOULD USE WHATEVER
TOOLS HE WANTS TO IN MAKING THIS DECISION.
ATTORNEY COLLINS SUGGESTED THAT THE BOARD CONSIDER DELINEATING
ONE OF ITS MEMBERS TO HELP THE ADMINISTRATOR OUT IN THE EVENT ADMINIS-
TRATOR JENNINGS DEEMED IT WISE AND PRUDENT TO REQUEST THE BOARDS INPUT.
HE FELT THIS WOULD SAVE TIME.
C.1•.
�APR 4 1979
66-
BOOK 39 PAGE 419
THE BOARD AGREED, AND CHAIRMAN t1ODTKE STATED THAT HE WILL
SPEAK TO THE ADMINISTRATOR MONDAY ABOUT THIS MATTER. HE FELT THE POINT
WE WANT TO MAKE IS THAT WE REALLY MUST MOVE ON THIS AS FAST AS WE CAN
AND., HOPEFULLY, WE CAN HAVE SOMETHING BY OUR NEXT MEETING.
ATTORNEY COLLINS REPORTED THAT THE DOT HAS FORWARDED THE NEC-
ESSARY ACQUISITION INFORMATION FOR US TO PROCEED WITH THE CONDEMNATION
SUIT ON THE RIGHTS-OF-WAY FOR STORM,GROVE ROAD. HE CONTINUED THAT HE
HAS DISCUSSED THIS WITH THE ADMINISTRATOR, AND IT IS THEIR OPINION THAT
WITH THE GOLF COURSE GOING IN AND WITH THE INITIAL SUBDIVISION GOING, IN,
THE SOONER THIS RIGHT-OF-WAY IS ACQUIRED, THE BETTER SINCE THE PROPERTY
WILL SUBSTANTIALLY APPRECIATE IN THE NEAR FUTURE. HE NOTED THAT THE
DOT APPRAISAL FOR THE RIGHTS-OF-WAY IS APPROXIMATELY $40,000 - $50,000,
BUT EXPERIENCE WOULD INDICATE THAT THOSE APPRAISALS ARE SUBSTANTIALLY
�7,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY AND THE ADMINISTRATOR
TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE RIGHT-OF-WAY FOR STORM GROVE
ROAD, INCLUDING CONDEMNATION.
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS REVIEWED A
CONTRACT.WITH THE DEPARTMENT OF NATURAL RESOURCES GIVEN HIM BY THE
INTERGOVERNMENTAL COORDINATOR IN REGARD TO DREDGING AT THE WABASSO CAUSE-
WAY. HE STATED THAT THE CONTRACT APPEARS TO BE IN GOOD FORM AND HE WOULD
RECOMMEND A RESOLUTION BE PASSED AUTHORIZING ITS APPROVAL.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 79-38 AUTHORIZING
THE EXECUTION OF A CONTRACT WITH THE DEPARTMENT OF NATURAL RESOURCES
REGARDING*DREDGING AT THE WABASSO CAUSEWAY AND APPROVED A BUDGET AMEND-
MENT TO PROVIDE FOR THE DREDGING AS FOLLOWS:
ACCOUNT TITLE ACCOUNT rl0. INCREASE. DECREASE
MATERIALS - CONSTRUCTION 02-4102-203 $5,000.00
STATE GRANTS 02-1280 $5,000.00
RESOLUTION No. 79-38 AND SAID AGREEMENT WILL BE MADE A PART
OF THE MINUTES WHEN EXECUTED AND RECEIVED.
APR 4 1979
BOOK 39 FAcc 4Z0
I
0
ATTORNEY COLLINS REPORTED THAT IDLEWYLD CORPORATION, THE
DEVELOPERS OF CASTAWAY COVE, ARE NOW IN THE PROCESS OF PUTTING IN SEWERS
AND ROADS, AND THE SEWER PLANT, WHICH THEY DONATED TO THE COUNTY, IS
STILL LOCATED ON THEIR PROPERTY. THE ATTORNEY INFORMED THE BOARD THAT
HE HAS DISCUSSED THIS WITH ENGINEER BEINDORF, WHO HAS STATED THAT THE
SEWER PLANT CAN BE STOCKPILED AT THE LOCATION WHERE IT IS TO BE INSTALLED.
INSTALLATION COULD BE FOUR MONTHS AWAY. THE ATTORNEY CONTINUED THAT IT
IS MR. BEINDORF'S RECOMMENDATION THAT A CONTRACTOR MOVE THE PLANT RATHER
THAN THE COUNTY CREW BECAUSE OF THE INTRICATE NATURE OF THE PLANT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED ENGINEER BEINDORF TO PROCEED WITH
HIRING A CONTRACTOR TO MOVE THE 100,000 GALLON SEWAGE PLANT DONATED TO
THE COUNTY BY IDLEWYLD CORPORATION TO THE PROPER LOCATION.
COMMISSIONER LYONS NOTED THAT THIS REALLY GETS INTO COMMIS-
SIONER DEESON'S AREA, BUT STATED HE HAS RECEIVED NUMEROUS COMPLAINTS
ABOUT DUNE BUGGIES AND DUNE PROTECTION NEAR WABASSO BEACH AND WINTER
BEACH. HE NOTED THAT THERE IS A REGULAR.ROAD NOW AT WABASSO BEACH PARK
WHERE DUNE BUGGIES GO ONTO THE BEACH, AND SAID HE HAD FELT WE WERE GOING
TO PUT IN SOME TYPE OF BOARDWALK AND AT LEAST SHUT THE ROAD OFF.
COMMISSIONER DEESON COMMENTED THIS SITUATION IS ONE REASON HE
FEELS IT IS SO IMPORTANT TO MOVE QUICKLY ON HIRING A PLANNING DIRECTOR.
COMMISSIONER LYONS INFORMED THE BOARD THAT HE AND COMMISSIONER
SIEBERT HAVE GOTTEN SOME INTERESTING READING FROM THE TREASURE COAST
REGIONAL PLANNING COUNCIL IN REGARD TO THE ENERGY COMPONENT PLAN -FOR THE
NATION. HE NOTED THAT WE ARE GOING TO HAVE SOME ENERGY RELATED PROBLEMS
SOONER OR LATER AND ASKED IF WE HAVE ANY SORT OF AN ENERGY COMMITTEE
IN THE COUNTY.
ASSISTANT ADMINISTRATOR NELSON, WHO HAS BEEN APPOINTED COUNTY
FUEL ALLOCATION OFFICER, INFORMED HIM THAT WE DO NOT HAVE AN ENERGY
PANEL APPOINTED, AND FELT PERHAPS WE NEED TO. HE STATED THAT THEY ARE
NOW TRYING TO GET TOGETHER SOME INFORMATION REGARDING FUEL USED DURING
THE LAST YEAR; THAT THEY HAVE BEEN IN CONTACT WITH.OUR SUPPLIERS AND DO
HAVE A PRIORITY. HE FELT WE MAY HAVE TO UTILIZE THE STORAGE TANK WE HAVE
AT THE HOSPITAL.
67
BOOK 39 PhcE 421
COMMISSIONER LYONS EXPRESSED CONCERN ABOUT HOW MUCH WE CAN
CONSERVE, AND MR. NELSON AGREED THAT WE NEED AN ACTIVE CONSERVATION
PROGRAM,
COMMISSIONER DEESON NOTED THAT AT THE LAST MEETING THE BOARD
INSTRUCTED THE COUNTY ATTORNEY TO PREPARE RESOLUTION N0. 79-33 EXPRESSING
OPPOSITION TO THE BANNING OF NET FISHING. HE EXPLAINED THAT IT APPEARS
THE ORIGINAL INFORMATION SUPPLIED HIM WAS ERRONEOUS, AND THE PROPOSED
BILL ONLY STATES THAT IT IS UNLAWFUL FOR ANY PERSON TO LEAVE A GILL NET,
SINK NET, OR ANY SUCH DEVICE "UNATTENDED." THE PREPARATION OF RESOLUTION
No. 79-33, THEREFORE, HAS BECOME UNNECESSARY.
COMMISSIONER Loy COMMENTED THAT EARLIER TODAY WE ALLUDED TO
CHANGING THE MEETING DATES IN .JULY, BUT SHE FELT WE SHOULD FIRST TAKE.A
I
LOOK AT THE STATUS OF THE BUDGET HEARINGS AND THAT WE SHOULD WAIT TO THE
NEXT MEETING TO MAKE ANY CHANGES,
CHAIRMAN VJODTKE READ ALOUD THE FOLLOWING PROCLAMATION IN REGARD
TO THE CYSTIC FIBROSIS BIKE-A-THON: t
'69
APR 41979
BOOK N PAGF 422
P R O C L A M A T I O N
WHEREAS, CYSTIC• FIBROSIS FOUNDATION is sponsoring a
community wide BIKE-A-THON for people of all ages to par-
ticipate in; and
WHEREAS, the CYSTIC FIBROSIS FOUNDATION will benefit
many children who are fighting the genetic disease CYSTIC
FIBROSIS: and
WHEREAS, many local merchants will donate prizes to
promote participation in this event; and
WHEREAS, in support of CYSTIC FIBROSIS FOUNDATION,
the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, takes the following action:
BE IT PROCLAIMED, that April 28, 1979 shall be known
y
as "CYCLIN' FOR C F DAY".in support of CYSTIC FIBROSIS.
ie �'e * v4• 9t �'e �k• 9e �? �e �'e �'c 4c x s'c 'c 4c � Y z8 ;'r 4c
This Proclamation -shall be effective as of the 4th
day of April 1979.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
William . Wodtke, r.
Chairman
ATTEST:.-���1--
reda Wrig it,Ler ck
ar �
a�
APR 41979 BOOK PAGE A -A
ri
•
L�
CHAIRMAN WODTKE REQUESTED THAT THE ASSISTANT ADMINISTRATOR
DISCUSS WITH A REPRESENTATIVE OF THE FEC RAILWAY THE PROBLEMS CAUSED
BY THEIR LEAVING A LARGE HUMP IN THE MIDDLE OF RAILROAD CROSSINGS AFTER
THEY HAVE WORKED ON THEM. HE NOTED THAT THIS HAS OCCURRED AT THE OSLO
CROSSING AND ALSO PREVIOUSLY AT THE S.R. 512 CROSSING.
IN FURTHER DISCUSSION, THE BOARD AGREED THAT THE ADMINISTRATOR
SHOULD CHECK ON THESE MATTERS,
CHAIRMAN WODTKE THEN DISCUSSED REPRESENTATION ON MENTAL HEALTH
BOARD NO. 9, NOTING THAT HE SAT ON THAT BOARD FOR THE ORIGINAL CHARTER
MAKE-UP. HE EXPLAINED THAT INDIAN RIVER COUNTY IS ALLOWED ONLY ONE
REPRESENTATIVE, AND HE WAS REPLACED LAST YEAR BY MERCHON ROGEL. THE.
CHAIRMAN CONTINUED THAT UNFORTUNATELY THERE ARE PROBLEMS AT THE DISTRICT
LEVEL AND DECISIONS MADE THAT ARE BOUNDARY DECISIONS, POLITICAL IN
NATURE. HE, THEREFORE,' FELT THAT, IN SOME INSTANCES, IT IS BETTER TO
HAVE A COUNTY COMMISSIONER SIT ON THE BOARD. HE NOTED THAT THE MEETINGS
ARE HELD IN PALM BEACH COUNTY AND STATED THAT HE WOULD FILL IN ON THIS
BOARD TEMPORARILY UNTIL WE CAN GET SOMEONE, IF THE BOARD DESIRED.
• ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 79-39, APPOINTING
CHAIRMAN WODTKE AS THE COUNTY REPRESENTATIVE ON THE DISTRICT B MENTAL
HEALTH BOARD N0. 9 TO REPLACE MERCHON ROGEL.
APR 4 1979
Boa 39 PAGE 423
RESOLUTION NO. 79-39
WHEREAS, by Resolution 79-7, MERCHON ROGEL was appointed to
serve for a term of one year on the District B Mental Health
Board No. 9, Inc.; and
WHEREAS, the Board of County Commissioners of Indian River.
County, Florida has determined it is in the public interest
that a County Commissioner serve on the District.B Mental Health
Board No. 9, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that WILLIAM C.
WODKTE, JR. is hereby appointed as its representative on the
District.B Mental Health Board No. 9, Inc. to replace MERCHON
ROGEL.
Said Resolution shall become effective on the 4th
day of April , 1979.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
Attest:
BOOK 39 PAGE 424
APR . 4 1979
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-40 HONORING ALAN
S. ANDERSON FOR HIS SERVICE ON THE COUNTY BOARD OF ZONING ADJUSTMENT.
71
BOOK 39 PACE 425
APR 4 1979
I
•
BOARD OF COUNTY COIF M' SSIOI.ERS
OF INDIAN RIVER COUNTY, FLORIDA
RESOLUTION NO. 79-40
WHEREAS, ALAN S. ANDERSON was appointed to the Indian River
County Board of Zoning Adjustment by the Board of County Com-
missioners on July 7, 1976; and
WHEREAS, ALAN S. ANDERSON, was reappointed to said Indian
River County Board of Zoning Adjustment on January 8, 1978; and
WHEREAS, ALAN S. ANDERSON was a faithful member of the Board
whose major function is to listen to hardship cases and to
interpret the Zoning Ordinance; and
WHEREAS, ALAN S. ANDERSON, during his tenure on the In-iar
River County Board of Zoning Adjustment, served the citizens of
Indian River County with diligence and understanding; and
WHEREAS, Indian River'County is a better place in which to
live due to the services provided by ALAN S. ANDERSON while he
served on the Indian River County Board of Zoning Adjustment;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that the Board, on behalf
of itself and the citizenry of Indian River County expresses
its deep appreciation to ALAN S. ANDERSON for a job well done;
and
BE IT FURTHER RESOLVED that the Board wishes ALAN S.
ANDERSON continued success in his future endeavors.
Said Resolution shall become effective on April 4, 1979.
de
..1��
O1� Chairman,County Commissi iers
APR 4 1.979
Boa 39 PAGF 426
J
RESOLUTION N0/ 79-32 IS HEREBY MADE A PART OF THE MINUTES
AS APPROVED AT THE REGULAR MEETING OF MARCH 21, 1979,
o FORM 722-70 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIQN
1.77 DIVISION OF ROAD OPERATIONS
. PAGE I OF I COUNTY RESOLUTION
GRADS CROSSING, TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REI.NIBURSEMENT AGREEMENT FOR TETE
CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR
RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS
AND DEVICES; PROVIDING FOR TIIE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS
RESOLUTION SIIALL TAKE EFFECT. , 79-32
RESOLUTION 1�0.
ON MOTION OF commissioner Alma Lee Lov , seconded by
Commissior►er atriek Lyons the tuUl I -in,, RESOLUTION was adopted:
NIIERF.AS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing a portion of rhe State Ilighway SystCrn,
between SIR rl^ A and ' ' , which slit call for
the installatibn and maintenance of railroad grade crossings and traffic control deices for railroad
grade crossings over or near said highway.
Vq,,W, TIIEREFORE, BE IT RESOLVED BY TIIE CO(JNTY COMMISSION
OF ru diat, Piver 0 COUNTY, FLORIDA:
That Indian River County enter into a I1,AILROAD REIMBURSEMENT
AGREEMENT with the State of Florida Department of Transportation and
the FF.0 Rv. Company for the installation arul maintenance of certain grade
e ging an� traffic control devices for grade crossings designated as Job No. !ZAGOii-Fhfi7 on
�10
ging
t, which crosses the right-of-way and tracks of the Company at FDOT/AAR
Crossing Number ?7?17ii-ll located near t"af'Issa Florida; and,
That S is estimated to be and the same is declared to be a proper expense
by the County for the construction of said railroad grade crossing and the same is hereby approved,
upon receipt by the State of Florida Department of Transportation of invoices submitted in the
proper manner covering said Job, for payment from secondary fluids accrued to the credit of this
County; and,
That the County assume its share of the costs for future maintenance and/or adjustment of said
grade crossings and traffic control devices for grade crossings as designated in Paragraphs 2 and 3 of
the RAILROAD REIMBURSEMENT AGREEMENT; and,
That the Chairman and Clerk of the Board of County Commissioner-, be authorized to enter into
su��awrecments. with the State of Florida Department of Transportation and the
k• Company as herein described; and,
That thisRESOLUTION shall take effect immediately upon adaption.
IgTjLODU,C.F.D AND PASSED by the Board . of County Commissioners
Of iclianiver Count, Florida, in regular session, tills 21st da} of
March,197
Chairman of the Board of County U" issioners
ATTEST:h pcolun=lyl_c=�Tulisiouera
Ctvk of die Ito.•ud
73
APR 4 1979
1.
BOOK 39 WE 427
OUNTY}SECTION
VTILITY JOB NO.
STATE ROAD NO.
COUNTY NAME
PARCEL 4 R/W JOB NO.
FAP NO.
83
000
6607
110bart Rd.
Indian Rive
1 (X&SD-D;
SOS -0004(34)
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REI.NIBURSEMENT AGREEMENT FOR TETE
CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR
RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS
AND DEVICES; PROVIDING FOR TIIE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS
RESOLUTION SIIALL TAKE EFFECT. , 79-32
RESOLUTION 1�0.
ON MOTION OF commissioner Alma Lee Lov , seconded by
Commissior►er atriek Lyons the tuUl I -in,, RESOLUTION was adopted:
NIIERF.AS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing a portion of rhe State Ilighway SystCrn,
between SIR rl^ A and ' ' , which slit call for
the installatibn and maintenance of railroad grade crossings and traffic control deices for railroad
grade crossings over or near said highway.
Vq,,W, TIIEREFORE, BE IT RESOLVED BY TIIE CO(JNTY COMMISSION
OF ru diat, Piver 0 COUNTY, FLORIDA:
That Indian River County enter into a I1,AILROAD REIMBURSEMENT
AGREEMENT with the State of Florida Department of Transportation and
the FF.0 Rv. Company for the installation arul maintenance of certain grade
e ging an� traffic control devices for grade crossings designated as Job No. !ZAGOii-Fhfi7 on
�10
ging
t, which crosses the right-of-way and tracks of the Company at FDOT/AAR
Crossing Number ?7?17ii-ll located near t"af'Issa Florida; and,
That S is estimated to be and the same is declared to be a proper expense
by the County for the construction of said railroad grade crossing and the same is hereby approved,
upon receipt by the State of Florida Department of Transportation of invoices submitted in the
proper manner covering said Job, for payment from secondary fluids accrued to the credit of this
County; and,
That the County assume its share of the costs for future maintenance and/or adjustment of said
grade crossings and traffic control devices for grade crossings as designated in Paragraphs 2 and 3 of
the RAILROAD REIMBURSEMENT AGREEMENT; and,
That the Chairman and Clerk of the Board of County Commissioner-, be authorized to enter into
su��awrecments. with the State of Florida Department of Transportation and the
k• Company as herein described; and,
That thisRESOLUTION shall take effect immediately upon adaption.
IgTjLODU,C.F.D AND PASSED by the Board . of County Commissioners
Of iclianiver Count, Florida, in regular session, tills 21st da} of
March,197
Chairman of the Board of County U" issioners
ATTEST:h pcolun=lyl_c=�Tulisiouera
Ctvk of die Ito.•ud
73
APR 4 1979
1.
BOOK 39 WE 427
o
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND
WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND MOS.
61493 e 61643 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED -FROM
THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE LOOK AS
PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR; REFERENCE TO SUCH
RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 6:15 O'CLOCK P.M.
ATTEST:
CLEWCHAIRMAN
74
APR 4 1979
AoFAGF.98